topic 6- constitution and constitutional reform

• a constitution is a set of rules, laws and principles that describe the way a state is organised or governed.
• a codified constitution is a constitution which is written into a single document, whereas an uncodified constitution is made up of a collection of rules and laws.
• the rule of law is the idea that the relations between citizens and the state are maintained by law, through the governance and protection of individual rights.
• common law is passed by the decision making and common practice of the judiciary, whereas statue laws are Acts of Parliament and other legislation that has been introduced and passed by parliament.
• the Magna Carta

  Constitutional development began with the magna carta in 1215. the first written document to check the power of the king, it introduced the right to a fair trial and stopped the king from being able to arrest people without a warrant. it has been the founding pillar of constitutions all over the world, including in the united states.
• The British Bill of Rights

  The British Bill of Rights was introduced in 1689, and it outlines basic civil rights for people in the UK. It limited the power of the monarch and began to increase the power of Parliament by introducing free election and free speech in the chambers. the Bill of Rights outlawed cruel and unusual punishment, along with other violations of civil rights. For these reasons the Bill of Rights can be said to have taken further power from the monarchy and placing it in the hands of Parliament.
• The Act of Settlement

  the act of settlement, 1701 mainly focused on ensuring the monarchy remained protestant and banned roman Catholics from taking the throne. As well as this, without the consent of Parliament, the monarch could not wage a war for territory that did not belong to a kingdom of England and therefore indirectly put further power in the hand of Parliament
• Acts of Union

  it can be argued that without the act of settlement, the act of union, 1707 would not have been possible. this act was the product f a 2 year treaty agreement between England and Scotland, uniting the 2 countries to become Great Britain. The new union would be governed by Westminster and their power inherently increased as they were now guaranteed to represent people over more territory.
• The Parliament Acts


  the Parliaments Acts of 1911 and 1949 were passed in order to settle disagreements over the power of the house of lords. the chamber was dominated by conservatives at the time. restrictions were placed on the delaying powers of the lords including time limits on money and non-money bills. these restrictions can be considered to have increased the rights of citizens in the UK and by limiting the power of the unelected House of Lords and increasing the power of the elected House of Commons.
• European Communities Act 


  the European communities act , 1972 was introduced the same year the UK joined the EEC now referred to as the EU. the UK's membership of the EEC meant that the Treaty of Rome would be introduced in the UK, and the EU now had authority over statute law. In 2016, the UK held a referendum which resulted in the UK leaving the EU (Brexit), but the European Communities Act still played a significant role in the development of UK constitution.
• Sovereignty of Parliament

  the idea that parliament is sovereign means that it has the highest authority to make law and it means that parliament have sovereignty over other parts of government such as the monarchy (an example of this power in use was when parliament forced the king to abdicate in 1936). this idea of the sovereignty of parliament articulated in the 19th century, especially with the work of AV Dicey.
• the human rights act & the decline of parliamentary sovereignty

  the human rights act, 1998 is an example of the importance of parliamentary sovereignty. however there are doubts as to whether parliament still holds legal sovereignty in practice due to a more dominant executive, a more powerful judiciary, increased devolution and the increasing use of referendums.
• the rule of law

  the success of the UK constitution can also rest upon the respect for and the successful operation of the rule of law. some of the fundamental principles of the rule of law are that everyone is equal before the law and should have equal rights to redress grievances, that no one can be punished unless convicted of a breach of the law, and that all powers possessed by governments must be based on agreed legal rules. law should bring with it ideas of fairness and justice, and an independent judiciary should decide the general principles of the constitution not politicians.
• Fixed-term Parliaments Act

  the fixed-term parliaments act, 2011 established that the monarch could no longer dissolve parliament, showing its significance in enhancing democracy. this act was introduced because of the rule of law and it shows that the rule of law is an important principle in the political progression of the UK.
• Problems with the UK Constitution

  1. it has produced an imperfect separation of powers, allowing the executive to exercise too much control over the legislative branch.
  2. the notion of the rule of law is breaking down
  3. the sovereignty of parliament is in doubt
  4. the constitution is far too easy to amend for a government with a large majority
  5. it has become a messy mixture of written and unwritten documents
  6. because it is so vague and uncodified it does not carry the same obvious authority that the US codified constitution does
• Case study- A V Dicey & Brexit


  the brexit referendum result prompted serious debate surrounding what had been written on parliamentary sovereignty by A V Dicey in his various works. In fact, his authoritative works were used to campaign on both sides following the result. Supporters of leaving the EU, including Boris Johnson, verbally claimed that leaving signified the reclaim of parliamentary supremacy. On the other hand, political analysists directly referenced the work of Dicey to argue that it was constitutionally justifiable for Parliament to overrule Brexit.
• Comparing the UK and US constitutions- federalism vs unitary

  • the UK constitution produced a unitary government, which is where the important political power is based in the hands of a central government
  • the US uses federalism which means that the central government still holds important powers, but other powers are held at the same time by more local divisions of government
• comparing US and UK constitutions- codified vs uncodified

  • the UK constitution is uncodified, meaning it's made up of a mixture of written and unwritten documents such as statute laws and unwritten conventions which are not legally binding
  • in contrast, for over 200 years, the US has functioned under the sovereignty of a codified constitution, which has only ever been amended 27 times.
• Why did new labour focus on constitutional reform 1997-2010?

  THE CONSTITUTION WAS OUTDATED

  new labour planned to introduce a period of modernisation that would remove some of the more undemocratic constitutional practices. a key area of modernisation would be the functioning of parliament
• why did new labour focus on constitutional reform 1997-2010?

  THERE WAS NOT ENOUGH ROOM FOR CITIZENS TO ACCESS THE POLITICAL SYSTEM

  this was due to the nature of the constitution- new labour felt that direct democracy was being hindered by first past the post because it limits minority parties
• why did new labour focus on constitutional reform 1997-2010?

  THE CONSTITUTION DID NOT GIVE ENOUGH POWER TO THOSE POLITICAL BODIES OUTSIDE OF WESTMINSTER

  
  

  a process of decentralisation was put in place to tackle this
• why did new labour focus on constitutional reform 1997-2010?

  CITIZENS' RIGHTS WERE NOT WELL PROTECTED

  there was no written statue or common law that protected citizens from unlawful activity by the state
• The Removal of Hereditary Peers

  in the house of lords hundreds of peers had assumed their position simply because they inherited it. new labour pledged to change this. in 1999, all but 92 hereditary peers were removed. while the conservatives thought these reforms were going too far, lib dems believed they weren't going far enough. the whole question of a second stage was out on hold indefinitely by parliamentary vote in 2003.
• electoral reform

  despite the failure of new labour to democratise the Westminster voting system they did introduce smaller electoral reforms such as the reform of elected mayors (supplementary vote) & the London assembly (AMS)
• judicial reform

  the constitutional reform act, 2005 was where judicial reform began. the act decreased the power of the lord chancellor and led to the creation of the supreme court in 2009.