The Constitution

• The constitution is a set of guidelines aiming to restrict the government’s power, and subsequently regulate the relationship between the state and individual
• Codified


  Based on a single document, authoritative in nature (constitution takes precedence over statute law), and judiciable (can be enforced in a court)
• Uncodified


  Made up from a variety of sources, with constitutional law enjoying the same status as statute/ common law, not judiciable
• Only the UK, NZ and Israel have uncodified constitutions
• Judiciable


  All political bodies are subject to the authority of courts, in particular constitutional ones, if constitution is uncodified, the judiciary is unable to declare bodies as unconstitutional
• Unitary


  Supremacy of the central govt over local bodies (in the UK, Parliament is sovereign)
• Federal


  Powers are divided between two levels of govt, where the central and regional ones are respectively unable to encroach upon one another's powers
• UK constitution


  Unentrenched, uncodified, unitary/ quasi federal
• As a result of increased devolution, it could be argued the UK has a quasi - federal constitution, however it is typically referred to as being unitary in nature
• Entrenched


  Codified constitutions typically entrenched, suggested to be more rigid in ability to be altered
• Unentrenched


  Uncodified constitutions typically unentrenched, suggested to be more flexible in ability to alter, though not always the case
• Sources of the UK constitution


  • Statute law (takes primacy)
  • Common Law
  • Conventions
  • Works of constitutional authority
  • Treaties
• Statute law


  Underpinned by the principle of Parliamentary Sovereignty, suggesting statute law will always prevail so long as this is upheld
• Significant statute laws involving the constitution


  • 1998 Scotland and Govt of Wales Act
  • 1998 HRA
  • among others
• Magna Carta - seen to be the first legislative attempt to distinguish between tyranny and monarchy rule


  1215
• Bill of Rights - principle of free elections, frequent Parliaments, free speech within them, and constitutional monarchy established


  1689
• Act of settlement - settled succession to the English and Irish thrones


  1701
• Acts of Union - officially created the state of Great Britain, bringing together Scotland and England


  1707
• Parliament Acts - formally made the HoL subordinate to the HoC, stated they were unable to delay monetary bills, only able to delay bills for 2 years, later 1 year


  1911 + 1949
• Reduced max lifespan of Parliament to 5 yrs
• HoL Act - removed all hereditary peers, barring 92, rest became life peers instead

  1999
• Constitutional Reform Act - aimed to separate the legislative and judicial branches, created the separate body of SCOTUK, where the 12 Law Lords who would previously sit in the HoL would now go

  2005
• Judicial Appointments Commission also set up to aid in independence and neutrality
• FTPA - aimed to prevent opportunist election calling, introducing the principle of fixed elections for Westminster, would have required a super majority or separate legislation to initiate one, however repealed in 2022


  2011
• Common law


  Law created by successful judicial rulings over time, occurs due to the use of precedent
• Common law examples


  • Principle of murder being illegal not outlined by statute law, well established illegality
  • R v R case effectively made marital rape illegal, statute laws regarding it previously seen to be vague/ contradictory
• Blair's manifesto committed to a bold programme of constitutional reform, arguably the most impactful constitutional reform occurred under him
• Devolution


  Transfer of power from central government to regional institutions, differs from federalism as devolved bodies have no share in sovereignty, and their powers are determined by the central authority, who are in effect able to dissolve them
• Types of devolution


  • Administrative devolution - allows freedom in the implementation of policy
  • Legislative devolution - allows for the power of devolved bodies to make, amend and repeal laws
• Devolution seen to be increasingly pushed by nationalist parties and the general emergence of nationalism in Wales/ Scotland, I.e the role of Plaid Cymru and SNP
• Asymmetric devolution


  The UK has asymmetric devolution, meaning that devolved areas have differing levels of devolution, as opposed to equal ones
• Reserved powers


  • Constitution
  • Foreign affairs and trade
  • Defence
  • Immigration
  • The economy
• Reserved powers are ones that Westminster retains, devolved powers are ones that have been bestowed upon devolved bodies
• Devolution in Scotland


  • 1998 Scotland Act - provided primary legislative powers, established the Scottish Parliament and income tax varying powers
  • 2012 Scotland Act - provided increased powers in certain areas
  • 2016 Scotland Act - stipulated that the SP is unable to be dissolved without a referendum, provided further extension of powers
• Devolution in Wales


  • Initially resulted in the Welsh Assembly only having administrative powers, however after 2011 they gained legislative powers
  • 1997 Welsh Devolution Referendum was supported by only 50% of the electorate, and constituted a 40% turnout
  • 2011, 64% of the electorate voted for more devolved powers to be awarded to the Senedd
  • 2017 Wales Act - stipulated the WP not able to be dissolved without a referendum, and provided more legislative powers
• Devolution in NI


  • Transferred powers - NI Assembly has full legislative powers over these
  • Reserved powers - can be transferred with unionist and nationalist (cross community) consent
  • Excepted powers - cannot be transferred without Primary legislation from Westminster
• NI Assembly has been suspended for 4x since devolution occurred, in these instances, the powers revert back to Westminster and 'direct rule' is implemented
• Feb 2024 is the first time a Nationalist (Sinn Fein) First Minister has been in power
• GFA


  Seen to implement an effective end to the violence of the Troubles, and allow for shared rule to occur between factions of beliefs (First And Dept minister must be Nationalist/Unionist)
• Policy Differences


  • 2008 abolition of tuition fees for Scottish universities
  • Reduction in voting age for Wales/ Scotland
  • Abolition of 'bedroom tax' in Scotland
  • Scottish spending per capita 25% higher than anywhere else in the UK
  • Prescriptions across everywhere but England are free