Constitution

• What is the rule of law?

  Everyone has to follow the law, and if they don't, they can be held to account.
• How is the UK constitution characterized?

  The UK constitution is uncodified, unentrenched, and unitary.
• What does it mean for a constitution to be uncodified?

  It means that it is not written in one single document and derives from a number of different sources.
• What does it mean for a constitution to be unitary?

  It means that sovereignty lies in one place.
• What is federalism?


  Federalism is when sovereignty is divided between central and regional government.
• What are the key characteristics of the UK constitution?

  • Uncodified: Not written in a single document
  • Unentrenched: Can be amended easily
  • Unitary: Sovereignty lies in one place
• Parliamentary Sovereignty


  Makes Parliament supreme legal authority that can end or create any law.
• Federalism

  Sovereignty divided between central and regional govt.

  Power distributed equally between regional govts.

  Federalism is entrenched in constitution.

  Any power not specified in constitution granted to regional govt.
• Devolution


  Sovereignty lies with central govt - Parliament.

  Power not sovereignty distributed to regional govts.

  Devolution not entrenched.

  Any power not specified in constitution reserved for central govt.

  Power distributed unequally between regional govts.
• Common Law

  Legal principles laid out by judges in court cases.

  Provides precedence for later judgement.

  Important when unsure how statute law applied.
• Conventions

  Customs/Traditions that don't have legal force but accepted over time

  Can be changed/challenged by acts of Parliament.
• Conventions e.g

  Only in emergency can govt go to war wo consulting Parliament

  Salisbury Convention - HOL cant block laws made by HOC
• Authoritative Works

  Textbooks that explain how the political system works.

  Useful guide but lacks legal standing.
• Authoritative Works e.g.

  Erskine's Parliamentary Practice explains parliamentary life
• Treaties

  Agreements with EU members signed by UK
• Treaties e.g

  Maastriacht - changed it to EU from European community
• From what sources is the UK constitution derived?

  Many sources, leading to competing jurisdictions.
• What is the role of the UK Parliament in relation to the constitution?

  It is seen as the ultimate source of authority and can supersede even the Magna Carta.
• What was the ruling of the Law Lords in the Factortame case regarding EU law?

  EU law supersedes domestic law when the UK pooled sovereignty.
• What are the reasons for making constitutional change in the UK?

  1. Democratisation

  • Addressing undemocratic elements like the unelected House of Lords.

  1. Decentralisation

  • Devolution of power to local bodies in Scotland, Northern Ireland, Wales, and mayors in England.

  1. Stronger protection of rights and transparency

  • Incorporation of the European Human Rights Act and Freedom of Information Act 2000.

  1. Modernisation

  • Aligning the constitution with modern arrangements like Fixed Term Parliament and referendums.

  1. Experience of Conservative Rule (1979-1997)

  • Increased pressure for change, especially in Scotland.
• What was a key concern regarding the House of Lords in the context of democratisation?

  It is seen as unelected and undemocratic.
• How did devolution contribute to decentralisation in the UK?


  It drew power away from central government to local bodies.
• What was the public sentiment in the 1980s regarding citizens' rights in the UK?

  There was a fear that citizens' rights were being eroded.
• What did Tony Blair aim to achieve regarding rights and government transparency?

  He wanted to align the UK with EU practices and promote a more open and accountable government.
• What significant acts were incorporated into UK law to enhance rights and transparency?


  The European Human Rights Act and the Freedom of Information Act 2000.
• What was the purpose of modernising the British constitution?

  To bring it in line with more modern arrangements.
• What are examples of modern arrangements mentioned in the context of constitutional change?


  Fixed Term Parliament and referendums.
• How did the experience of Conservative rule from 1979 to 1997 influence constitutional change?

  It increased pressure for change, especially in Scotland, where people felt ignored.
• What was the public reaction to the poll tax during Conservative rule?

  It was accused of benefiting the rich and led to increased pressure for constitutional change.
• Quasi-federalism


  A system of devolution where its so unlikely power is to return to central govt that it is a federal system even if not in constitutional terms.
• Why should devolution be extended to England?

  Because England is the most populous nation yet doesn't have its own government.
• What did the Wales referendum in 2011 indicate about devolved powers?

  It indicated a desire for an increase in devolved powers.
• What does the Scotland Act 2016 recognize regarding the Scottish Parliament?

  It recognizes the permanence of the Scottish Parliament.
• How does the asymmetrical nature of the UK contribute to resentment in England?

  It leads to England being taken less seriously than other nations.