the UK constitution

• The UK Constitution is...


  Uncodified and has gradually evolved whilst being organic
• The Magna Carta Act 1215


  Limits the power of the monarch - crown not above the law
• Bill of Rights Act 1689


  Enforced regular parliaments, elections and freedom of speech
• Act of Settlement 1701

  Gave Parliament increased power over the monarchy
• Act of Union 1707


  Created the UK, uniting parliaments of Scotland, Wales & England
• Parliament Acts 1911 & 1949


  Limited the power of the House of Lords, giving supremacy to the House of Commons
• European Communities Act 1972


  European law would take precedence over UK law
• Devolution 1997


  Power to Scottish parliament
• What are the sources of the UK Constitution


  Statute law

  Common law

  Conventions

  Landmark decisions

  Treaties

  Authoritative works
• Tony Blair's constitutional reforms


  Separation of the Supreme Court (2009)

  Human Rights Act(1998)

  Freedom of information Act (2000)

  Devolution (1997)

  Limit no. of hereditary peers (92) in the House of Lords Act (1999)
• Laporte Case 2006


  Police has acted illegally when they stopped 120 anti-Iraq Wrar protestors reaching an RAF base
• Theresa May and Gary McKinnon (2012)


  May refused to extradite McKinnon to the US after he hacked NASA and the Pentagon as he searched for info on UFOs

  This would infringe Article 3 (inhuman and degrading treatment)
• The Belmarsh Case 2004


  Following 9/11 Blair suspended Article 5, the right to liberty and kept foreign terrorist suspects in custody without charge

  
  

  Judges declared incompatibility with the HRA
• Anti-Terrorism, Crime & Security Act 2001


  Allowed the government to hold foreign terrorist suspects indefinitely
• Prevention of Terrorism Act 2005


  Allowed the government to limit the freedom of movement of terror suspects through control order
• Fixed term Parliaments Act 2011


  Legislated that general elections should be held exactly five years after the last general election. Allows a PM to call a General Election when they choose
• Recall of MPs Act 2015


  Aims to make MPs more accountable by allowing their constituents to demand a by-election if an MP is sent to prison, suspended from the Commons or convicted of expenses dishonesty
• 2019 Fiona Onasanya


  Recalled for perverting the course of justice having lied about speeding offences

  She spent 3 months in prison
• Devolution in Scotland


  1997

  Allowed Scotland to develop it's own approach to health, education and democracy, such as no fees for university, the voting age is 16 and free medical prescriptions
• Devolution in Wales


  Labour Party stronghold, 1/2 of seats in Welsh Parliament, enforcing some left wing policies, such as free medical prescriptions
• Devolution in Northern Ireland


  Originated after the troubles, when Major and Blair managed to negotiate a power sharing assembly in NI with STV

  To help with cohesion the executive has a leader from the largest party as first minister and the leader from the second largest party is the deputy
• What is the effect of the UK not having a codified constitution?


  This means that the UK does not have a higher constitutional law that Parliament must respect and so there are few limitations on legislation Parliament can pass, as it is sovereign

  It is also too easy for govts to introduce legislation that can change the constitution to their advantage
• Why do critics argue citizens need an entrenched Bill of Rights?

  The Investigatory Powers Act (2016), dubbed the snoopers charter significantly extended the power of government
• Why is an unentrenched constitution a good thing?


  Quick reactions to crises

  Repeal legislation

  Keep pace with social change (death penalty, abortion)

  Fossilised constitution
• What are individual rights?


  Basic liberties and rights of all citizens are guaranteed in the Bill of Rights
• What are collective rights?

  Rights held by a group