UK Constitution

• Constitution - sets out powers and responsibilities of the different institutions of government

  A.V. Dicey "Our constitution in short, is a judge-made constitution"

  Vernon Bogdanor " The British Constitution has always been puzzling and always will be"
• The Magna Carter (1215) - principle no one deprived of liberty / property without due process of law
• Bill of Rights (1689) - established parliamentary sovereignty, limited monarchical power, guaranteed individual rights
• Parliament Acts (1911 & 1949) - reduced Lords' veto to two years, allowed bills passed by Commons twice within that time to become law with or without LH assent
• Act of Succession (1534) - Henry VIII declared himself head of the Church of England and declared himself the supreme governor of the Church
• Acts of Union (1707) - Union of Scotland and England to form Great Britain (had two parliaments replaced with one)
• European Communities Act (1972) - incorporated EU law into UK domestic law, taking precedence over conflicting UK legislation

  • direct applicability and enforcement of EU law in UK
  • repealed due to UK's withdrawal from EU
• uncodified - not enclosed in a single document, constitution from range of sources

  e.g. The Magna Carter, Bill of Rights etc.
• unentrenched - constitutions are flexible + altered by passing law

  e.g. Human Rights Act (1998) / Equality Act 2010 are unentrenched laws
• unitary - power held in one place

  e.g. Westminster Parliament is the central government in the UK

  • has parliamentary sovereignty
• parliamentary sovereignty - can amend / repeal any acts passed by previous parliaments

  Legislation can't be struck down by higher body

  Supreme Court can interpret but not overturn act of parliament

  • can make law on any subject
  • originated from A.V. Dicey
• 3 ways Parliament in UK can be seen as sovereign according to A.V. Dicey's theory:

  1. Legislative Supremacy - Parliament has power to make and pass laws without external interference
  2. No legal limitations on Parliament's legislative authority
  3. Ability to amend constitution - Parliament have the authority to amend without special procedures of requirements needed
• rule of law - main way rights and liberties of citizens are protected

  Acting as a check on parliamentary sovereignty, originating from A.V. Dicey

  • everyone entitled to fair trial
  • judiciary must be independent of political inference
  • all citizens must obey law
• statute law - laws passed by parliament and made into law by the monarch

  • not all laws are constitutional, only ones affecting nature of political system + citizens' rights
  • e.g. 1998 Scotland Act created devolved legislative bodies
• common law - legal principles laid down by judges in individual cases, not in statutes

  • important in cases not clear of how statute law should be applied in practice
  • e.g. presumption of person being "innocent until proven guilty" - protection against unlawful imprisonment
• conventions - customs + practices that don't have legal force

  • broadly accepted overtime and can be challenged / changed
  • e.g. Salisbury convention
• authoritative works - textbooks that explain workings of political system

  • useful guide BUT lacks legal standing
  • e.g. A.V. Dicey's "An introduction to the study of the Law of the Constitution" (1885)
• treaties - agreements with other EU members

  2016 referendum, UK decided to leave EU

  • e.g. European Convention on Human Rights (ECHR) became the Human Rights Act 1998
• Strengths of Common law:

  • more practical in real life situations
  • promotes fairness + consistency by treating cases in a similar manner, once established becomes precedent
  • can be more accessible + understandable to general public
• Weaknesses of Common law:

  • common law is case law and not made transparent to public
  • parliament is still sovereign
  • potential for inconsistency and uncertainty due to reliance on judicial interpretation, as humans make mistakes - e.g. Derek Bentley case
• Strengths of Conventions:

  • adds tradition and history to running the government
  • allows for evolution of political norms + practices
• Weaknesses of Convention:

  • may be outdated
  • not legally binding, so can be disregarded without legal consequence leading to potential abuse of power
  • based on unwritten rules = less transparent and harder to enforce
• Strengths of Authoritative Works:

  • can help clarify complex legal concepts
  • provide valuable insights into principles, history and interpretations of constitution - shows development
• Weaknesses of Authoritative Works:

  • set out in several documents and may not line with current ideas or reflect current interpretations of the constitution
  • out of date
  • can be influenced by bias / limited perspectives of authors
• Strengths of Treaties and EU law:

  • more security for citizens having rights
  • helps harmonise regulations + standards, promoting unity - clarify international disputes
• Weaknesses of Treaties and EU law:

  • can restrict ability of UK to make independent decisions - undermining parliamentary sovereignty
  • evolving nature of EU law make it challenging for individuals and businesses to understand or comply with regulations
• modernisation - Blair wanted to "re-brand" party = more modern and less concerned with economic/social issues

  • UK constitution seemed outdated + prepared for coalition with Liberal Democrats - who were committed to constitutional change
• democratisiation - linked to Charter 88 pressure group, wanted UK constitution to be more democratic
• decentralisation - believed that devolution + House of Lords reform was democratic

  • would be popular in Scotland and Wales, and allow Labour to take seats
• Rights + Experience of Tory rule - build interest and trust, as Tories had consistently taken citizens rights away

  • addressing this would help win votes
• demands for modernisation: New Labour was more open to demands from pressure groups

  • wanted more open democracy and stronger guarantees to protect citizens rights
  • FPTP electoral system reform
• experience of Conservative rule: Conservative governments refused to undertake constitutional reforms

  • population felt ignored by distant government
  • Scottish opinion rejected Conservative policies - e.g. unpopular poll tax
  • accusations of corruption + integrity of traditional institutional
• House of Lords reform: removal of most hereditary peers have given Lord's more "modern" appearance

  • meant to be appointed on grounds of merit reflecting many fields
  • no political partly has dominant position in Lords
  • lacks democratic legitimacy as members are partly elected
• Electoral reform: forms of proportional representation introduced for elections to Scottish Parliament, BUT no action taken

  • supporters concluded crushing victory under the old system = Labour not interested in changing arrangements for Westminster
• Constitutional change (1997-2010)

  House of Lords Reform - undemocratic body, unelected members make political decisions without democratic accountability - and lack representation

  House of Lords Reform Act (2014) - allowed peers to be removed for not attending/serious criminal offences, reduced to 92 hereditary peers

  Success/failure? - still unelected people who have control over considerable powers + lack democratic legitimacy

  • upper house firmly based on merit and experience
• Constitutional change (1997-2010)

  Devolution - government had no answer to "West Lothian Question", Scottish being able to vote on English matters , but not vice versa

  EVEL "English Votes for English Laws" - if measure only concerns England, before HOC, need the approval of the grand committee (consisted of solely English MPs)

  "devolution is a process not an event"
• Constitutional change (1997-2010)

  Electoral Reform - government commissioned report into various forms of proportional representation

  no action taken

  Success/failure? Labour has no interest in changing arrangements for Westminster

  • due to victory under old system
• Constitutional change (1997-2010)

  Human Rights Act - government's decision to "derogate from" Article 5, individuals right to liberty + security in case of suspected terrorism

  Introduction of Control Orders (2005) - allowed authorities to limit freedom of movement for individuals, unentrenched nature of act

  Success/failure? Government can take away liberties through vote in Parliament

  • easier for UK citizens to access their human rights
• Constitutional change (1997-2010)

  Creation of Supreme Court - seperation of powers (law-making and judicial power being independent)

  
  

  Constitutional Reform Act (2005) - Supreme Court = highest court of appeal for civil and criminal cases

  Success/failure? enhances judicial power and seperation of powers by strengthening rule of law

  • lead to potential politicisation of the judiciary
• Constitutional changes under Lib-Con coalition (2010-15)

  Devolution - West Lothian Question, Scottish MPs voting on English laws at Westminster + not vice versa

  
  

  English Votes for English Laws (EVEL) - if measure concerning England, "grand committee" only English can approve it

  
  

  Success/failure? 2 tier system undermining unity of UK Parliament

  • English MPs have more say in English laws = more democratic