UK Constitution

• The sources of the UK Constitution are: Authoritative works, Statute law, common law, parliamentary conventions, treaties and cultural traditions.
• An example of a parliamentary convention is the Salisbury Convention. This means that the Lords cannot oppose the 2nd or 3rd reading of legislation that was in the governing party’s manifesto.
• The UK Constitution is uncodified. This means that it is not found in a single document.
• The UK Constitution is unentrenched. This means that it can be changed by an act of parliament, making it flexible.
• The UK Constitution outlines parliamentary sovereignty. This means that parliament is the supreme legislative body, and power is centralised.
• The UK Constitution allows for devolution. This is where power is transferred from Westminster to the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly. This is called decentralisation.
• Devolved governments and assemblies can be removed by an act of parliament.
• Devolution in the UK is asymmetrical. This is because the Scottish Parliament has more power than the Welsh Government and Northern Irish Assembly.
• The House of Lords Act 1999 removed almost 600 hereditary peers.
• The Constitutional Reform Act 2005 established the Supreme Court.
• The Parliament Act 1911 removed the Lords power to veto a bill. In 1949, their delaying power was reduced from 2 years to 1.
• Recall of MPs Act 2015 allowed constituents to demand a by-election if their MP acted wrongly.
• West Lothian Question: Scottish, Northern Irish and Welsh MPs can vote on devolved matters and UK matters but English MPs cannot vote on devolved matters.
• Arguments for codified constitution:

  • rights better protected
  • prevents abuse of power and large majorities repealing legislation
  • could enhance participation, public better aware
• Arguments for uncodified constitution:

  • flexible, can respond to current social issues
  • more democratic, puts power in hands of MPs who are accountable to the electorate
  • upholds parliamentary sovereignity
• Asymmetric devolution in the UK means that the Scottish Parliament has more power than the other devolved regions. This leads to citizen inequality and undermines democracy.
• The introduction of metro mayors in major cities has brought democracy closer to the people. It means that they are better represented by their local authorities.

  However, only 10 cities have metro mayors, which creates asymmetric devolution as some citizens receive more representation than others.
• How could the UK Constitution be further reformed?

  • House of Lords reform
  • Electoral reform
  • English devolution