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The Constitution - Coggle Diagram

- - - - Non-elected Scottish Executive administered various services in Scotland on behalf of the UK government.
        
        Matters such as education/healthcare and policing were managed separately in the Parliament.
        
        However, there have been no Scottish Parliament to pass these laws since 1707 (UK Parliament in Westminister made those laws for Scotland)
    - - In 1997 a referendum on Scotland`s devolution was held with 74% voting yes (turnout was 60%)
      - Scotland Act was iplemented in 1999
        
        Devolved powers included power over education, health service and policing
        
        AMS electoral system was intorduced to elect the Scottish Parliament. It ensured that the gov of Scottland would be formed by the largest party in the PArliament or by a coalition.
    - - 2014, should Scotland become a fully independent country, 55.3% no, high turnout 84.6% (high engagement), the referendum was held shortly after the Scottish 700th defeat of the English to influence Scottish voters. + allowed 16 and 17 year olds to vote bc they were more likely to support independence
      - There was a clear growing appetite for devolution (all parties agreed on it) leading to the Scotland Act 2016
      - It widened the ares in which Scottish Parliament may pass laws
        
        Allowed control over some business taxes
  - - - Set up an elected Welsh National Assembly and a Welsh Executive to be drawn from the largest party in the Assembly and headed by a First Minister.
      - Devolution in 1998 was purely administrative because the Assembly had no power to pass laws.
        
        However, it did have the power to decide how to allocate the funds it received from central government
    - - There were increased demands for devolution after 2010 (although the nationalist sentiment did not seem to grow)
        
        2011, should futher devolved powers be given to Welsh Assembly, 63.5% yes, low turnout 35.6%
      - The referendum in 2011 resulted in the Silk Commission and the Government of Wales Act 2014
        
        The welsh gov was given control over various tax including business and landfill taxes.
        
        The Welsh gov would have limited powers to borrow money on open markets to enable it to invest in major projects and housing.
    - - It gave greater powers to the Welsh assembly and more autonomy in "governing cometency"
        
        Greater freedom of borrowing
        
        The creation of the Welsh Revenue Authority to collect Welsh-based taxes
      - It allowed the Assembly to be renamed the Welsh Parliament (came into power in May 2020)
  - - - There had beet a devolved government in the province btw 1921 and 1972 with a NI Parliament in control of education, welfare and civil law.
        
        Due to increasing sectarian violence breaking out in the 1970s the Parliament was dissolved in the 1972.
    - - The Northern Ireland Assembly was to be elected using the STV to ensure that all sections of divided society would be represented.
      - All major parties are guaranted ministerial places as the NI Executive would be based on the power sharing.
      - The NI gov would only function if it was a compromised coalition of the largest Republican and Loyalist parties.
      - Devolved powers
        
        Healthcare
        
        Policicng
        
        The passage of laws not reserved to Westminister
    - - NI Assembly was dissolved from 2002, it was restored in 2007 with the St Andrews Agreement
      - There was a collape in power sharing from 2017 - 2020. The reason for that was Renewable Heat Incentive Scandal which saw the Sinn Fein leave the power-sharing governmet (triggering 2 elections that have failed to resolve the dispute)
        
        The Assembly was restored after the New Decade, New Approach Agreement
      - NI Assembly was collapsed again in 2022 bc the DUP withdraw over concerns with the NI Protocol which was Brexit related. It was restored in 2024 after the Safeguarding the Union deal.
  - - - There is a lack of demand for English devolution + England is too large to work as a devolved body within the UK.
        
        With 84% of the UKs population and 95% of the UKs GDP England would continue to dominate any national Parliament
        
        Many traditionalists, particularly Conservative Party feel that Westminister is already an Engliah Parliament and any further devolution would participate the break-up of the UK.
    - - The Deputy PM, John Prescott had an idea of devolved English regions with a similar amount of powers that Wales have (meaning administrative type of devolution).
        
        The referendum was held in 2004 in North East - the voters rejected the idea by a majority of 78% to 22%
      - Under the 2010-15 coalition major cities were given opportunity to elect mayors following a local referendum.
        
        It still did not tackle the real problems of local government like:
        
        Lack of autonomy from central governmet
        
        Lack of accountability to local electorates
        
        Low level of interest in local gov and politics
      - Major cities began to create a central cabinets of leading councillors from dominant party or coalition who will take over the central control of council`s work making key decisions on general policies.
      - Policing in England was also devolved via creation of newly elected police crime commissioners (PCCs) - however the turnout to these elections is really low e.g. in 2024 it was 23.2% across 35 PCC areas in England and Wales
    - - In 1985 the Great London Council a powerful local gov body with wide powers and responsibilities was abolished by the Conservative government.
      - In 1997 Labour returned it to power by creating a devolved Greater London Assembly + introduction of an elected mayor
      - In a 2000 referendum 72% of voters approved the introduction of an elected mayor and assembly (however neither would have significant amount of power)
        
        Mayor allocates the uses of funds in London (funds are administrated by the elected assembly of 25 members + they can veto mayor`s budgetary via 2/3 majority)
        
        AMS electoral system ensured that mayor woud face obstructions
        
        e.g. Sadiq Khan mayor since 2016
- - - - Democratisation, by removing udemocratic institutions and processes
      - Decentralisation, by dispearsing the power more widely and creating devolved regions to run their own affairs
      - Stronger protection of rights by bringign the European Convention on Human Rights into UK law
      - Modernisation, y removing outdates processes and bringing the UK law in line with modern democracies.
    - - House of Lords Act 1999
        
        Happened in 2 stages (so that the gov is able to persuade HoL to vote on their own reform)
        
        Stage 1: Cranborne Compromise allowed 92 out of 753 hereditary peers to retain their seats.
        
        Stage 2: replace the HoL with an elected or partly elected chamber (this met obstruction and lack of political consensus, tus was taken down from the political agenda)
        
        This reform managed to reduce the total N of elegible members of the HoL from 1330 to 669 in March 2000 (meaning that HoL become more effective and representative)
      - House of Commons
        
        Concerned the departmental select committees of the HoC
        
        In 2004, the chairs of the committees were awarded additional salaries to raise their status.
        
        In 2010, labour government introduced a system for electing memers of select committes y the whole HoC (before the reform they have been largely selected by the party leaders)
        
        The other chair of these committes are then allocated to parties based on their proportion of MPs in the HoC
        
        In 2010, a Beckbench Business Committee gave MPs a control over 20 parliamentary days to debate issues in their choosing.
    - - Human Rights Act 1998
        
        Most significant development in protection f human rights in the UK since the Bill of Rights in 1689.
        
        It encorporated the European Convention on Human Rights into UK law + the convention was made binding to all pulic bodies, including the government.
        
        Though the principle of parliamentary sovereignty convention remains preserved.
      - Freedom of Information Act 2000
        
        It gave the government the right to conceal information if it felt it might prejudice the activities of the government, it is on the "outsider" to prove that the information should be released.
        
        It was effectively used in the 2008 expenses scandal - the request was made by the Infration tribunal to release the details of expenses made by MPs (The info was released by Daily Telegraph)
        
        6 MPs and 2 peers have being found guity and sentenced to prison terms or a two-year supervision and treatment order + the expenses system had been radically reformed.
    - - In 1997, labour feared that they will not gain enough seats for an outright majoriy meaning that they will need Lib Dems for coalition + tha=ey have not being in power for 18 years, so they have introduced a comittment for their eectoral reform in their manifesto.
      - Labour introduced a commission to investigate the elctoral reform led by Lord Jenkins who reported the preference for the AV+ system (by the time he did that the enthusiasm for electoral reform has waned as a result of New Labour benefiting from FPTP)
      - It was decided that the systems of proportional representations would be used in the devolved bodies to avoid the domination of two main parties (AMS was adopted by Scotland and Wales whereas STV was used in the Northern Ireland)
      - Political Parties, Elections and Referendum 2000 codified the conduct and status of political parties.
    - - The reform was needed as a consequence of the close relationship with and control over that the government was showing through the role of Lord Faulkner (in investigations into government actions surrounding the Iraq War)
      - The Constitutional Reform Act 2005
        
        Clear separation of judiciary and government
        
        IN THE PAST (Lord Chancellor occupied all three branches of the government)
        
        Lord Chancellor was a Cabinet minister and senior memer of the governing party.
        
        the holder of the office was head of the judiciary nd presided over the proceedings of the HoL
        
        IN THE PRESENT-
        
        The role of the Lord Chancellor was removed to ensure the judiciary independence.
        
        The post was combined with that of Justice Secretary, a Cabinet post that would be in charge of justice policy, but not practice.
        
        Supreme Court
        
        IN THE PAST the highest court of appeal had been the House of Lords and the "Law Lords" would hear important appeal cases
        
        It was decided to take the senior judges out of the Lords and to create a separate Supreme Court.
        
        Supreme court was opened in the autumn of 2009 and established its own independence.
        
        Appointment of senior judges
        
        IN THE PAST appointments were made by the PM or Lord Chancellor (potential danger of appointments beng made on the basis of political views)
        
        A Judicial Appointments Commission was therefore set up to ensure that all candidtes should be suitale (using purely legal considerations)
        
        The gov has a final say on who should become a senior judge, but only after the JAC approval
  - - - Designed to cease the fear of coalition government being weak and not holding for long. + it took away the PM`s power to call a G.E.
      - An early election could occur only if a vote of no confidence was passed and no government could be formed within 14 days.
        
        Or if a 2/3 majority in the House of Commins passed a motion for an early elecion.
      - However, in April 2017 Theresa May announced such a "snap elections" to take place on 8 June and avoided restrictions by the Act by achieving 2/3 majority in the Commons.
        
        Similarly, in 2019 elections were triggered as a part of the gov`s Early Parliamentary Act 2019 - revels that the Act has little impact.
    - - Allowed constituencies to "recall" an MP who had been involved in some kind of misbehaviour
      - It requires a petition supported by at least 105 of the MPs constituents to set the process in motion.
      - e.g. in 2018 MP Ian Paiseley Jrnwas charged with asking questions on the behalf of a foreign government.
      - e.g. in 2019 it saw to MPs lose their seats as direct result of recall elections: Fiona Onasanya in Peterborough for a castodial sentence sentence of less than a year and Christopher Davies in Brecon and Radnorshire for submitting a false or misleading expenses claim
    - - The 2006 the Government of Wales Act included a provision for further powers for 20 key areas (healthcare, education) to be trasferred from Westminister to Wales if a people of Wales requested it through referendum.
        
        In order to solve an issue of assymetrical devolution a 2011 referendum was held in which 64% of people confirmed that they prefer a further devolution in Wales.
      - The + result in 2011 referendum led to the creation of the Silk commission (which was tasked with investigating which political and administrative powers could be futher devolved)
        
        In 2012 Commission proposed the transference of tax-raising measures e.g. raising 25% of annual their anual budget, to Welsh Assembly
        
        This was adopted in 2014 with the devolution of power over small taxes e.g. landfill tax
    - - Due to increasing numbers of appointments and longer life expectations the N of peers has increased to over 900 by 2014 (ince the House of Lords reform 1998 where the N of peers was 669)
      - The House of Lords Reform Act 2014 allowed members of the HoL to resign, retire or be removed for pro-londed not-attendence or expelled for a serious criminal convictions.
        
        e.g. as of spring 2020, 105 peers had used this Act to resign or retire, while 6 have been expelled for non-attendence.
      - In 2015 a further Act was passed allowing the Lords to remove a peer who had breached its code of conduct.
      - e.g. in 2020 there were 800 members in the HoL + in July 2020 Boris Johnson appointed 36 new peers
  - - - Scotland
        
        In 2016 gov was forced to give further powers to the Scottish government (after the 2016 EU Referendum when 62% of Scottish voters voted remain which led to the surge in nationalist feeling).
        
        "Devo-max" - gave a great deal of financial autonomy to Scotland
      - Wales
        
        Wales Act 2017 - passed some of the proposals made by the Silk Commission giving Wales a similar powers to Scottland.
        
        In May 2020 the Welsh Assembly formally became the Welsh Parliament or Senedd Cymru.
    - - West Lothian Question - an issue raised in 1977 by the Labour MP for West Lothian, Tam Dalyell which concerned MPs representing devolved bodies e.g. Scottland and being able to vote on matters that would only affect England (while English MPs connot vote on matters like education/healthcare in the devolved part of UK)
        
        e.g. Scottish MPs voting to raise tuition fee up to 3000 pounds per year in 2002 despite the fact that it would not effect Scottish students.
      - In order to solve WLQ Conservatives introdiuced EVEL
        
        It included an additional stage in the passage of legislation.
        
        If the Speaker decided that this specific legistalion concerned England or E with Wales then that bill would be voted only by the MPs representing those regions.
        
        Counter: it does not ensure that if the bill is desired by a majority of English and Welsh MPs it will be passed.
        
        e.g. in 2016 The Extension to Sunday trading passed the EVEL stage but aws then defeated by a vote of whole chamber with SNP MPs voting against it (although Scotland already had longer Sunday trading hours and would not be directly affected by the bill)
        
        Thus, EVEL prevents the bill that majority of English and Walsh MPS oppose being forced upon them.
        Vs. It does not allow them to pass measures they wish to see introduced (unless they persuade Scottish MPs)
    - - During the coalition 2010-15 major cities were given an opportunity to introduce a directly elected mayors.
        
        12 major cities were allowed to hold a referendum on whether or not have a directly elected mayor
        
        e.g. Liverpool choose to adopt a directly elected mayor via council vote in 2012
        e.g. In 2012 Manchester hold a referendum on whether to have a directly elected mayor or not (53.2% voted no, turnout 24%)
      - Conservative government i 2015 was committed for granting more autonomous pawoers to large cities (in order to tackle the longstanding issues of housing and business issues)
        
        e.g. Cities and Local Government Devolution 2016 - in October 2015, Osborne announced that combined authorities would be allowed to keep all the revenue from business rates, but only is they agreed to have a directly elected mayor who would be accountable.
        
        e.g. by 2021 there were 8 of these metro-mayors where combined authorities have accepted a devolution deal and have elected mayor
        
        e.g. the Sheffield City Region elected its first mayor, Dan Jarvis, in 2018 while in 2019 Jamie Driscoll was elected as the first metro-mayor of the North of Tyne region.
        
        e.g. in 2024 approximatey 34 million people which is 60% of English population is governed by some form of devolution
        
        further deals are planned for regions including Greater Lincolnshire, East Yorkshire and Suffolk projecting that 64% of population will be governed by the devolved authorities by the end of the 2025.
        
        e.g Greater Manchester has a control of 6 billion pounds health and social care budget
- - - - Magna Carta, 1215 - established that the rule of law (everyone is equal in the face of the law) should apply and the monarch should operate within the frameworkof law.
      - The British Bill of Rights, 1689 - stated that the Parliament is sovereign and should have final word on legislation and government`s finances.
      - The Act of Settlement, 1701 - established the monarch`s position as the ruler of the hole of the United Kingdom of England, Scotland, Wales and Ireland.
      - The Acts of Union, 1707 - these two Acts abolished the separate Scottish Parliament and so established the modern Great Britain.
      - The Parliament Acts 1911 and 1949 - settled the relationship between the HoC and the HoL. In 1911, the HoL lost its powers to regulate the public finances and could only delay legislation for 2 years (+ could no longer veto legislation). In 1949, the Act reduced the delaying period to 1 year.
      - The European Communities Act 1972 - it brought the UK into the European Community (later known as EU), it was a key feature of the UK Constitution for almost 50 years
      - The European (Notification of Withdrawal) Act 2017 - which gave a parliamentary consent to the UK`s exit from EU.
    - - It is uncodified.
        
        Strength
        
        It is more flexible, meaning that it can be more responsive to the changing attitudes and ideas.
        
        Can release the build-up of public pressure without the need for major uprising /revolution.
        
        Weakesses
        
        It is less effective at protecting rights, e.g. following the Dunblane massacre in 1997 UK gov. was able to very quickly introduce sweeping gun regulations across the UK.
      - It is unentrenched
        
        It means that the UK Constitution does not have special procedures for amendment.
        
        It is impossible to entrench a constitution because of the Parliamentary sovereignty, meaning that Parliament can amend the Constitution by its wishes
        
        e.g. in 1998 Parliament passed a Humen Rights Act which incorporated the European Convention on Human Rights into UK law.
        
        UK`s failure to adopt any system of entrenchment.
        
        Fixed Term Parliament Act 2011 - proposed a new law that each new Parliament should sit for a fixed term of 5 years before the next general elections.
        
        It is impossible to entrench this law as in practice it means that a future Parliament could simply repeal or amend the FTPA 2011 by either shortening or lengthening its life e.g. 2017 and 2019 elections sit only 2 years apart suggesting that FTPA 2011 has little impact.
        
        There is an increasing tendency to use referendums in order to give legitimacy to legislation and entrench constitutional developments. e.g. Good Friday Agreement in the NI in 1998 and UK membership in the EU in 2016.
      - It is unitary
        
        It means that the political power is centered in one single place.
        
        Counter: however, devolution has created a sort of quashi-federalism in the UK (it is when it is so unlikely or difficult for power to be returned to central government even though it is not in strict constitutionl terms)
      - Parliament is sovereign
        
        In 19th centure A.V.Dicey declared that there were "twin pillars" that upheld the British political system. First one was the parliamentary sovereignty and the second one was the rule of law.
        
        Parliament sovereignity means that the ultimate legal authority to do things lies with the Parliament and it cannot be overruled by anything else (it can still "lend" some of its sovereignty to other bodies - devolution)
        
        Different types of sovereignty
        
        Legal
        
        Where the ultimate and supreme legal authority lies: in the UK this is Parliament
        
        e.g. Parliament can suspend or modify part of the HRA 1998, as it did in 2005 (as a responce to the Belmarsh case 2004 Parliament passed the Prevention of the Terrorism Act 2005 to replace the detention without trial with control orders - it breaches the Article 5 of HRA)
        
        Political
        
        The ability to exrcise legal power, dealing with the reality of matters rather than pure principles
        
        e.g. Parliment may wish to abolish the HRA but they would be met by opposition in the UK makung it hard to do so.
        
        Popular
        
        The will of people must be listned to and acted upon in order to maintain peace and ideas of Brtitish democracy.
        
        Despite most of the MPs wished to remain in the EU, most of them voted to trigger the Article 50 because it was the will of people.
        
        Pooled
        
        Parliament may choose to share its legal authority with other bodies like EU, NATO and the UN
      - The rule of law is paramount
        
        It ensures that the UK Constitution is based on law and that everyone is bound by those same laws.
    - - Statute Laws
        
        The laws passed by the Parliament, they are the highest legal authority in the UK e.g. the HRA 1998, Parliament Act 1949 and the Scotland and Wales Act of 1998.
        
        Equal Franchise Act 1928 - established full and equal voting rights for women.
        
        Life Peerages Act 1958 - introduced the appointment of life peers to add to the hereditary peerage
        
        Human Right Act 1998
        
        Scotland Act 1998
        
        House of Lords Act 1999 - abolished all but 92 of the hereditary peers in the HoL
        
        Freedom of Information Act 2000 - gave the right to see all official document to citizens.
        
        Fixed Term PArliament Act 2011
      - Constitutional conventions
        
        It is an unwritten rule that is considered binding on all members of the political community, they have a lot of moral force and are rarely disputed.
        
        The Salisbury Conention - states that the HoL should not block any legislation of the govening party that is stated in their most recent manifesto.
        
        Collective responsibility - all members of the government must support official policy in public or resign or face dismissal
        
        Government formation - following an election, Queen must invite the leader of the largest party in the commons to form a government.
      - Authorittive works
        
        It is a work written by an expert describing how a political system is run; it is not legally binding but is taken as a significant guide.
        
        The "O`Donnell Riles" of 2010 - established how a coalition of government ma be formed.
      - Common law
        
        It refers to the development of laws through historical usage and tradition. Most important application of the common law is protection of rights and freedoms from encroachment by government or Parliament.
        
        The definition of homicide still resides in the common law & the prerogative powers of the PM are essentially common law powers.
      - Treaties
        
        A formal agreement with other countries, usually ratified by Parliament.
        
        The Treaty of Lison, 2007 - agreed to an effective EU Constitution + process of leaving the EU contained in the Article 50.
        
        The Paris Climate Change Accords, 2015 - UK commiting to an obligation to cut carbn emission.
        
        European Convention on Human Rights in 1956, meaning that the British Government agreed to be bound by the terms of the European Convention and subject to the European Court of Human Rights.
- - - - Personal care for olderly is free
      - There are no uni tuitions for Scottish students
      - During Covid the face masks became mandatory early in July 2020
    - - There are free prescriptions for under 25
      - The uni tuition is capped at 6000 pounds per year
      - During Covid Wales used their own 4-tier alert system
    - - Gay marriage was not recognised until 2020
      - There were greater restrictions on abortion
      - -During Covid the face masks were mandatory for longer than in England