The Constitution

• TYPES OF CONSTITUTION


  codified and uncodified
• UNCODIFIED CONSTITUTION


  refers to a constitution where parts are written down, but there is no single document outlining the constitution of the state
• UNCODIFIED CONSITUTION: FEATURES

  Flexible: the UK constitution is flexible as any of its sources can be changed without any lengthy or difficult process, however, this is the context of 'the rule of law', one of the 'pillars' of the UK's constitution, which is the idea that the law limits government
• UNCODIFIED CONSITUTION: FEATURES

  Unentrenched: the UK's constitution is unentrenched, meaning that constitutional laws are no different to statute laws. Parliament is sovereign so can change the constitution by passing statute law. constitutional provisions do not have a higher legal status than ordinary laws, so laws which modify the constitution are passed by a simple majority in parliament
• UNCODIFIED CONSTITUTION: FEATURES 


  Non-Judicial: judges can not challenge parliament's ability to make or amend statute laws
• UNCODIFIED CONSTITUTION: FEATURES 


  unitary: a unitary system is based on the principle of parliamentary sovereignty - one of the 'twin pillars' of the UK's constitution. this means that the supreme power remains in the hands of a single source. Lower government bodies are subordinate to the sovereign body and powers can be taken away from them (THE POWERS OF THE DEVOLVED BODIES IN THE UK)
• UNCODIFIED CONSTITUTION: FEATURES 


  evolutionary: a system which has evolved over centuries, constantly changing and adapting to circumstances. Evolutionary systems do not normally have clear rules and principles governing a country, but as they evolve they tend to fulfil the democratic requirements of the time.
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The Magna Carta 1215: no one should be deprived of liberty or property without due process of law - an agreement between King John and the barons to stop the abuse of royal powers.
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The Bill Of Rights 1689: included provisions for

  • regular parliaments
  • free elections
  • freedom of speech within parliament

  passed by parliment as a response to king james II arbitrary rule after the 'glorious revolution'
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  Act of Settlement 1701: established the right of parliament to determine the line of succession to the throne - motivated by the desire to exclude King James II and his heirs to the throne
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The Act of Union 1707: the basis of the UK until New labourers devolution - United England and Scotland
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The Parliament Acts 1911: The act affirmed that the Lords could not delay money bills, for non-financial bills the power of veto was replaced with two-year delaying powers - reducing the power of the lords to interfere with the agenda of the HoC
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The Parliament Acts 1949: reduced the delaying period of bills by the house of lords to one year
• DEVELOPMENT OF THE CONSTITUTION IN THE UK

  The European Communities Act 1972: Established the principle that EU law would take precedence over UK law where a conflict occurred (The act is now repeeled after Brexit) - put in place by Edward Heath's government and took Britain into the European Community (Now the EU)
• TWIN PILLARS OF THE UK CONSTITUTION: PARLIAMENTARY SOVEREIGNTY


  Legislation passed by parliament can not be struck down by a higher body, such as a constitutional court. The UK's supreme court can interpret but can not overturn an act of parliament
• TWIN PILLARS OF THE UK CONSTITUTION: PARLIAMENTARY SOVEREIGNTY


  Parliament can make a law on any subject, for example, the major social changes of the mid-1960s - legislating abortion and homosexuality, making divorce easier to access and abolishing the death penalty - depended on passing acts of parliament
• TWIN PILLARS OF THE UK CONSTITUTION: PARLIAMENTARY SOVEREIGNTY


  no parliament can bind its successors. Parliament has the right to amend or repeal any acts passed by previous parliaments, for example, in 2003 parliament repealed section 28 of the 1988 Local Government Act, which had made it illegal for local authorities and schools to intentionally promote homosexuality
• TWIN PILLARS OF THE UK CONSTITUTION: RULE OF LAW 


  • everyone is entitled to a free and fair trial and no one should be imprisoned without due legal process
  • all citizens must obey the law and are equal under it
  • public officials are not above the law and they can be held accountable by the courts
  • the judiciary must be independent of political interference
• THE FIVE MAIN SOURCES OF THE UK CONSTITUTION

  statute law: the most significant source of the UK's constitution, laws passed by parliament; as parliament is sovereign so are statute laws, Not all laws are constitutional, only those that affect the nature of the political system and citizens' rights

  • The Freedom Of Information Act 2000
  • The Paternity Leave Bereavement Bill 2024
  • 1988 Scotland act
• THE FIVE MAIN SOURCES OF THE UK CONSTITUTION

  Authoritative Works: refers to books written to help explain the workings of the UK's constitutional arrangements, vital to our understanding of the constitution they have become part of it, however, they lack legal standing

  • Erskine May's 'Parliamentary Practice' (1844)
• THE FIVE MAIN SOURCES OF THE UK CONSTITUTION

  Common Law and Case Law: judges make decisions based on long-standing practices or forms of opinion of a fair and just outcome, The judicial system works on the principle of precedence, which means once the senior judiciary has decided on a case, similar cases will be decided in the same way. Important in cases where it is unclear how statute law should be applied

  • Innocent until proven guilty (Habeas Corpus) - eventually brought into statute laws in 1679
• THE FIVE MAIN SOURCES OF THE UK CONSTITUTION

  Conventions: customs and practices that have developed over centuries and that do not have legal force, but have been broadly accepted over time, can be challenged and changed with acts of parliament

  • a PM resigning after a loss at an election is not law but a convention
  • since the 2003 Iraq war the convention that military action will not be ordered without parliamentary approval (unless it is an emergency)
• THE FIVE MAIN SOURCES OF THE UK CONSTITUTION

  Treaties and EU law: agreements with other EU states and the EU itself

  • Maastricht Treaty (1992)
  • Lisbon Treaty (2009)
  • No longer applies to the UK constitution since Brexit
• PRESSURE FOR REFORM SINCE 1990: DEMANDS FOR MODERNISATION

  Tony Blair's New Labour Party was sympathetic to the idea of constitutional reform as part of its plan to modernise British institutions. New labour was also open to demands from pressure groups such as Charter 88, who wanted a more open democracy and stronger guarantees for citizens' rights. Before winning a large majority in 1997 they expected they needed support from the liberal democrats who wanted constitutional reform.
• PRESSURE FOR REFORM SICNE 1990: EXPERIENCE OF CONSERVATIVE GOV

  The Tory government had refused to undertake any constitutional reform. this helped build pressure for change, especially in Scotland where the population felt ignored by a distant government. Scottish opinion rejected several conservative policies. For example the unpopular Poll Tax. Accusations of corruption or 'sleaze' against many parliamentarians in the 90s helped create a climate of opinion where the health and integrity of traditional institutions where questioned.
• CONSTITUTIONAL CHANGES UNDER LABOUR 1997-2010

  House of Lords reform 1999: took away power from the most undemocratic element of the HoL, the hereditary peers. The government ended the rights of all but 92 of the hereditary peers to sit in the HoL, the reduction of the HoL would reduce the influence of labour opponents , and it gave the lords a more 'modern' look. Most members are 'life' peers now who are appointed on merit. From 2000 HoL appointments commission nominated a peers who are not affiliated with a party, however, the Lords still greatly lack democracy.
• CONSTITUTIONAL CHANGES UNDER LABOUR 1997-2010

  Electoral Reform: Introduced proportional representation in all devolved bodies leading to fairer representation of the people's views. however, no change was made to the elections in Westminister so that is still deemed by some to be undemocratic
• CONSTITUTIONAL CHANGES UNDER LABOUR 1997-2010

  Devolution: devolved power to Scotland, Wales, and NI, putting local representatives in charge of local issues. this followed the referendums in 1997-98. Devolution reforms were pragmatic, designed to dampen the support for independence, especially from the SNP and to bring an end to the NI conflicts, welsh devolution demand has always been weaker and does not have comparative powers to that of Scotland. The gov. had no answer to the 'west-Lothian question'. Devolution in England was abandoned after it was rejected in 2004.
• CONSTITUTIONAL CHANGES UNDER LABOUR 1997-2010

  The HRA: put the ECHR into statute law, enshrining rights such as free trials, freedom from slavery, etc. All future legislation had to be compatible with the ECHR. Judges can't strike down a law but can highlight legislation for amendments to gov. limitations were demonstrated by the govs decision to 'derogate from' Article 5, which gave individuals the right to freedom and liberty, in cases of suspected terrorism. Control Orders 2005 which allowed authorities to limit the freedom of individuals, highlights the unentrenched nature of the act
• CONSTITUTIONAL CHANGES UNDER LABOUR 1997-2010

  The Creation of The Supreme Court: The 2005 constitutional reform act led to the establishment, four years later, of a Supreme Court as the highest court of appeal in the UK for civil and criminal cases (except Scotland). Previously senior judges (Law Lords) sitting in the HoL had performed this function. This is a development of the separation of powers
• REFORMS UNDER THE COALITION 2010-2015 


  House of Lords and House of Commons boundary reform: plans for a mainly elected HoL were dropped after a rebellion by 91 backbenchers. The Lib Dems retaliated by blocking the implementation of legislation designed to reduce the number of MPs from 650 to 600. The effect would have been to produce a smaller number of constituencies of more equal size. Lib Dems halted the change as it favoured the Tories. However, the May gov. confirmed reform would happen before the 2020 election before the 2017 election was called
• REFORMS UNDER THE COALITION 2010-2015

  Electoral Reform: Referendum held in May 2011 with the two parties taking opposing positions, the tories campaigned for FPTP while the Lib Dems campaigned for an AV system. The AV system was rejected by 68% of those who voted. the voting seemed to be against the Lib Dems themselves rather than the systems. Lib Dems wanted an STV system but aimed for AV as it felt more favourable. This was a disappointment for the Lib Dems as they entered the coalition on the grounds of this referendum.
• REFORMS UNDER THE COALITION 2010-2015

  Rights: wanted to replace the HRA with a 'British bill of rights' whereas the lib dems wanted to retain the act. A commission was tasked with investigating the issue but failed to find a way forward. The Torie manifesto in 2015 claimed to find a way forward with it.
• REFORMS UNDER THE COALITION 2010-2015 


  Devolution

  • Wales: a referendum was held in 2011 on proposals granting further powers - resulting in the assembly receiving direct law-making power in all 20 policy areas without the need to consult Westminister
  • Scotland: received more powers under the 2012 Scotland Act in 2014 a referendum was held for independence 55% voting to stay in the UK
  • England: EVEL - the Tory government took office in 2015 and offered a solution to the 'west-Lothian' question which was EVEL which means only English and Welsh MPs vote on bills that only concern England.
• REFORMS UNDER THE COALITION 2010-2015

  The Fixed Term Parliament Act 2011: ended the power for the PM to choose the date of a general election, establishing that a new parliament must be elected on a fixed date at 5-year interviews. An earlier contest can only be held if two-thirds of MPs vote for one, or if the PM loses a vote of no confidence and fails to form a new government. Suited both parties in the coalition. However in the call for an early election in 2017 it showed PMs can get around the act and it is highly unlikely that MPs would not support the call for an early election.
• REFORMS UNDER THE COALITION 2010-2015

  Reform the House of Commons: implemented reforms recommended by a committee chaired by Tony Wright

  • chairs of the House Of Commons select committee
  • scrutinises the activity of the government departments
  • chosen by MPs rather than have their selection influenced by party leaders

  A backbench business committee was created, which chooses topics for debates, including some chosen by the public in petitions. The first debate was triggered by people seeking justice for the 96 Liverpool football supporters who died in the Hillsborough disaster
• REFORMS UNDER THE COALITION 2010-2015

  Recall of the MP Act 2015: a response to the fact voters had no legal means of removing scandalous MPs who refused to resign from their seat. It means that if an MP is sentenced to a custodial sentence, or is suspended from the Commons for more than 21 days, a By-election is triggered if at least 10% of the constitution sign a recall petition
• EXTRA REFORMS SINCE 2015

  Exiting the EU: returned all the decision-making powers back to parliament which is directly accountable to the British people
• EXTRA REFORMS SINCE 2015

  Elected Mayors: gave powers over large areas to locally elected Mayors I.E London, West Midlands, Liverpool, Manchester