uk constitition

Cards (35)

  • Electoral reform produced proportional results in the election in Scotland, but the rejection of AV shows that the UK is not really interested in electoral reform.
  • The House of Lords is mostly on merit and experience, making it easier to scrutinise government while having an elected chamber would make it difficult to scrutinise government
  • constitution-Organises the layout in society, allows there to be a relationship between different branches of the government to the public
  • features of uk constitution : uncodified ,unentrenched ,unitary
  • The uk constitution is becoming a more Quozi-federation country due to England,Scotland,Wales and Northern Ireland has separate powers
  • Parliamentary sovereignty- parliament has legal authority, can make laws and the decisions cant be overturned by a higher power, there are no fixed laws(government can not bind it's successors to laws )
  • rule of Law-actions of the state are limited by law, keeps parliamentary sovereignty in check
  • sources of UK constitution : statue law, common law, conventions, authoritative works, treaties
  • Statue law-only law that effect public rights and parliamentary process, most important it's underpinned by the concept of parlimenrty sovereignty 
  • common law-legal principles laid down by statue law, important as it is used in cases where statue law is not clear
  • conventions-customs and practices that have been accepted overtime, no law to it
  • Authoritative works-articles/textbooks on how the political system works, no proper understanding, needs to be used along side other acts
  • Treaties-agreements with EU members, the UK can now join other countries as it is not apart of the EU
  • 3 waves for the constitution reforms:
    1. New Labour reforms 1997-2010
    2. Coalition reforms 2010-2015
    3. Conservative reforms 2015 to present day
  • The Labour Party under Tony Blair promised constitutional reforms in the 1997 general election, there were many but the 4 key aims where:
    1. Modernisation-encouragement on greater participation and fairness in the political system
    2. Democratisation-encouragement on greater participation and fairness in the political system
    3. Decentralisation-transfer of powers from Westminster to local bodies
    4. Rights' Protection-increased clarification on the rights of citizens
  • House of Lords reform-HoL's dominated by hereditary peers -1999,all but 92 peers were expelled under the House of Lords act -numbers went from 1300 to 800 -memebers were appointed by the monarch on recommendation of the PM
  • Devolution-devolved bodies are Scotland,Wales,Nothern Ireland -England is not devolved -Scottish MP's can vote on pure English matters, but England cannot -devolved counties receive more funding per head of population -Scotland wanted more independence and more power -state remains de jury(in law) unitary
  • Electoral reform- proportional representation -commisoned report but the reform never happened
  • The human rights act incorporated the European convention -all future legislation has to apply
  • The creation of the Supreme Court- constitiutional reform act 2003 led to the establishment of supreme court in 2009 -highest court of appeal -seperate from law lords 
  • AV-
    • 'first past the post' was backed by Cameron however Clegg didn’t want to support it
    • Many Lib-dems weren’t happy working with Tories
    • Lib-dems did it want to be at fault for policies they don’t support
    • Conservatives agreed to a AV referendum to Lib-Dems in fear of liberal democratics and labour forming a coalition
  • Devolution Wales bel referendum in March 2011. Scotland gained more powers,can set up own income tax. England has English votes for English laws(EVEL)
  • The fixed term parliaments act 2011 Stopped the power of PM of calling a general election whenever. Fixed dates every 5 years. An earlier GE can be brung forward but 2/3 of mp’s have to agree 
  • Reform of the House of Commons : Chairs of House of Commons select committees. In the past chairs were selected by party leaders they are now chosen by mp’s
  • The recall of MP’s act 2015A response in scandalous mps not being able to get rid of. A by-election is triggered when they are se tancer to a custodial sentence or suspended for more 21 days
  • devolved bodies + powers England
    • Some regions are devolved like London,west midlands,South Yorkshire,west Yorkshire
    • Seemed expensive so abolished in 1986
    • Blair government was to recreate a democratically elected strategic authority
  • devolved bodies + powers Scotland
    • Health and socail services
    • Housing
    • Police and fire service
    • Local government
    • Some aspects of transport policies
    • Justice
    • Environment and planning
    • Economic development
    • Tourism,sport and culture
    • Education
    • Agriculture,fisheries and forestry
  • devolved bodies + powers Welsh Assembly and government
    • Culture
    • Planning
    • Agriculture,fisheries and forestries
    • Housing
    • Environment
    • Economic development
    • Education and training
    • Fire and rescue services
    • Health
    • Local government
    • Transport
  • devolved bodies + powers Northern Ireland assembly
    • Environment and planning
    • Economic development
    • Education
    • Housing transport
    • Culture and sport
    • Employment and skills
    • Agriculture
    • Pensions and welfare
    • Justice and policing
    • Health and social services
    • Local government
  • more reform needed- Devolution Massively modified uk’s centralised constitution. Central to peace in NI. Scottish independence remains since EU referendum. Devolution is uneven. Federal solution would create greater uniformity 
  • more reform needed-electoral reformProduced proportional results in election in Scotland. Rejection of AV shows uk not really interested. Delivers strong government
  • more reform needed-House of Lords reformUpper house is mostly on merit and experience. Having an elective chamber makes it difficult to scrutinise bills and hold government to account
  • more reform needed-The human rights act1998 brought uk into aline with Europe conventions. Provides protection on human right with out effecting parliamentary sovereignt. Not entrenched so easily modified. Act needs strengthening
  • no more reform needed- House of Lords reform: wouldn't hold government accountable 
  • no more reform needed-Electoral reform:uk not intially interested