The constitution, Unit: 2

• Pattern of evolution:

  ·       Slow 

  ·       No single dramatic change

  ·       Slow transfer of power from monarchy to parliament and lords to commons 

  ·       Steady increase in rights of citizens.
• constitutional Changes through:

  ·       New constitutional laws passed via parliament e.g. parliament act 1911 and 1949, human rights act 1998 

  ·       New or changing conventions e.g. House of lords cannot be a PM, Lords cannot oppose manifesto commitments (Salisbury convention), PMQs once a week.

  ·       Evolving common law. Fixed term parliament act removed the PMs power to dissolve parliament and call and election (prerogative powers)
• Federal

  Power is shared within central and regional powers. 

  Relationship between the types of government is set out within the constitution.

  Regions have distinct differences.
• Unitary 

  Centralised state where sovereignty and power is concentrated at the centre 

  Central government has ultimate power over devolved institutions

  All areas of the state are governed in the same way. 
• Sources of the UK Constitution

  1)     Statue law (parliamentary statutes) simple acts of parliament. No authority greater than statute . not all acts of parliament contribute to it. E.g. 1911 parliament act removed HOL right to veto legislation. Representation of the people act adopted universal suffrage. HRA 1998 incorporates ECHR into British law.
• Sources of the UK Constitution

  2)     Common law refers to the judgments made by judges in important legal cases which sets a precedent to be followed. Often used when statute law is unclear. E.g. Bushell case 1970 the jury refused to follow judges instructions which led to protection of independent jury. Entick vs Carrington (1765) protection from autocratic government.
• Sources of the UK constitution Constitutional conventions represents am accustomed way in which political activity is carried out. Legally have no power but are rooted in tradition. E.g. collective ministerial responsibility, Salisbury convention, Lord as PM , prerogative powers.

    
• Sources of the UK constitution=  Works of constitutional authority texts with such political significance. The English constitution (1867), parliamentary practice (1844) used in march 2019 by the speaker to stop may reintroducing Brexit deal to parliament unchanged.
• sources of the UK constitution

  statute law, common law (precedent), works of constitutional authority, constitutional conventions
• Key principles of the constitution :

  1)     Parliamentary sovereignty 

  2)     The rule of law 

  The two principals balance each other out and protects the rights of citizens. 
• Limitations of parliamentary sovereignty: 

  1.     Executive dominance. Fusion allows executive to dominate as majority of legislature is led by the executive.

  2.     Referendums.

  3.     Devolution. Created alternative sources of decision making 

  4.     HRA 1998. ECHR

  5.     Membership of the EU previously limited sovereignty as it restricted ability to pass laws. EU law priority over UK law, EU law is binding for all states.
• Rule of law 

  No one is above the law  

  Legal equality

  Law is always applied 

  Legal redress is available through the courts 

   
• rule of law: However…

  MPs are able to say anything within parliament and the royal family still has power and privileges. 

  Legal action is expensive with judges deemed to be bias to certain groups. 

  Not all crimes reported or convicted. 

  The media influence courts 

  No entrenched bill of rights and HRA could be repealed at any time.
• New labour reforms:

   

  Decentralisation: power devolved to people 

  Democratisation: Public given more influence

  Transparency: freedom of information act, supreme court

  Rights protection: HRA, equality act.
• Labour reforms London assembly 

  ·       Gave mayor executive power and introduce London wide policy 

  ·       Direct elections (STV) 
• Labour reforms: Freedom of information act 2000

  ·       Greater access into personal information held by public bodies 

  ·       Enables citizens to judge government performance of public bodies e.g. NHS or immigration numbers.
• labour reforms: HRA 1998 

  
  

  ECHR incorporated into UK law 

  ·       Brought UK in line with the rest of Europe

  ·       First time in the UK rights where positive 

  ·       Aimed to reduce abuses by expecting public bodies and parliament to act in accordance with HRA

  ·       Gave UK judiciary the power of judicial review. 

  ·       However, due to PS could be repealed at any time.
• labour reforms: Electoral reform 

  ·       New electoral systems introduced in elections for devolved governments, EU, directly elected mayors. 

  ·       AMS: Scotland and Wales 

  ·       STV: Northern Ireland

  ·       SV: London mayoral 

  ·       Party list systems: EU parliament elections 

  ·       FPTP still used however 
• labour reforms: Parliament 

  House of lords act 1999

  ·       Removal of all but 92 of the hereditary peers 

  ·       Planned introduction of elected or partially elected second chamber. 

  ·       In 2003, 2007 and 2011 MPs and Lords could not decide on an outcome.

  ·       Over 1000 peers reduced to 800 and created the Appointment commission.

  ·       no overall party majority and more experts introduced.

  ·       More willing to challenge the government and hold them to account.
• Labour reforms Devolution

  1. Transfer of power from Westminster (legislative, executive and tax raising powers) to devolved governments in Scotland, Wales and Northern Ireland

  2. Referendums used in each case (good Friday agreement also voted for power sharing)

  3. Created the national assemblies (Scotland 129, Wales 60, Northern Ireland 90)
• Decision making was different across the UKs different devolved governments 


  (shown in covid polcies)
• Levels of power across the UK

  • England had no devolved gov
  • Welsh policing, justice and welfare are controlled by Westminster
  • Scottish parliament has full control
• Labour reforms are significant because: 

  ·       Improves the democratic nature of HOL.

  ·       Holds public institutions to account due to Freedom of information act 2000.

  ·       HRA creates positive declaration of rights and brings them into UK law.

  ·       Devolution brings decisions closer to the people and improves proportionality.

  ·       SC more separation of powers and judicial review allows them to check UK government.

  ·       Referendums used in order to entrench decisions 

  ·       London mayor begins devolution of cities.
• Labour reforms are insignificant because: 

  ·       House of lords still unelected 

  ·       PM still selects a large number of lords (cash for honours).

  ·       Scotland, Wales and Northern Ireland still use FPTP and are still under Westminster control.

  ·       HRA could be repealed.

  ·       SC unrepresentative demographic 

  ·       Scotland has far more power than wales.

   
• conservative reforms: 2011 fixed term parliament act 

  ·       Sets a 5-year interval between elections. 

  ·       Allowed an earlier election if supported by 2/3 of HOC or a motion of no confidence.

  ·       Enabled Coalition to survive 5 years. 

  ·       Removed PMs prerogative power to call an election (although there was convention for every 5 years)
• conservative Parliamentary reforms 

  ·       Response to the expenses scandal criticisms .

  ·       Introduced the back bench business committee controlling 35 days of debate.

  ·       Membership of select committees no longer controlled by whips.

  ·       Public can trigger a debate in parliament through e-petitions.
• conservative reforms: Recall of MPs act 2015

  ·       Aims to make MPs more accountable 

  ·       Could lose their seat if 10% of electorate sign for by election after the MP is imprisoned, commits an offense, is suspended from the house or breaches the parliamentary standards act.
• conservative reforms: English votes for English Laws 

  2015

  ·       Any law only effecting the UK would only require a majority from English MPs 

  ·       Removed in 2021
• conservative reforms: Metro mayors

  ·       Referendums held but only 3/12 agreed

  ·       30% of the population covered by devolution. 
• conservative reforms: Brexit 

  ·       EU withdrawal act- 2018, EU withdrawal agreement act 2020 
• Coalition and conservative reforms have been significant:

  ·       Extension of devolution in Wales and Scotland.

  ·       Metro mayors 

  ·       HOL changed (retirement, removal)

  ·       Brexit 

  ·       Recall of MPs act 

  ·       E petitions 

  ·       Back bench business committee.
• Conservative reforms Haven’t been significant:

  ·       Fixed term parliament act and EVEL repealed 

  ·       HOL still unelected and partially hereditary 

  ·       Mayors only 3/12

  ·       AV not passed.

  ·       HOL still growing.
• Possible Constitutional reforms

  1.     Electoral reform 

  2.     HOL elected, limit on umber or retirement age.

  3.     Introduction of an entrenched bill of rights.
• UK constitution is fit for purpose 

  Flexible and easy to change 

  Evolved organically 

  Parliamentary sovereignty is democratic 

  Allows gov to be decisive and act 
• Not fit for purpose 

  Seen as too flexible as nothing can be entrenched 

  Lacks checks and balances on government power

  Elective dictatorship (complete power for government)

  Weak protection of rights 
• Essay plan (is the constitution fit for purpose)

  P1) no creates an elective dictatorship 

  Counter: parliamentary sovereignty is the most democratic form 

  P2) yes it allows the government to be decisive and act to pass legislation that is popular.

  Counter: weak checks and balances to limit government power.

  P3) no it doesn’t allow the ability to entrench anything so is too flexible. Acts can be made by short shifts in opinion.

  Counter: flexibility allows gov to adapt which is has done for years (crisis).
• constitution too flexible 

  ·       Amendment process can be ill thought out or even short term.

  ·       A simple majority can bring about constitutional change.

  Changes could be made in a more rational way and with broad support not just the support of one party.
• UK constitution creates an overly powerful executive

  ·       Government can force through legislation undermining civil rights and harming minorities.

  ·       No separation of powers and lack of checks and balances.

  ·       Devolution and judicial independence not protected.

  Constitution being codified would enshrine key principles of the relationship between the executive.
• UK constitution lacks clarity

  ·       Would give UK citizens an understanding of rights and better allow people to challenge if their rights are infringed.

  ·       Clarity when government has acted unconstitutionally 

  ·       Clarify relationship between branches
• Weak protection of rights 

  ·       UK has no entrenched bill of rights.

  HRA can be easily repealed