the constitution

• what is the nature of an uncodified constitution?

  • flexible
  • unentrenched
  • non-judiciable
  • unitary
  • evolutionary
• what is the nature of a codified constitution?

  • rigid
  • entrenched
  • judiciable
  • federal
  • revolutionary
• what are the key documents of the UK constitution?

  • magna carta 1215
  • bill of rights 1689
  • act of settlement 1701
  • act of union 1707
  • parliament acts 1911 + 1949
  • european communities act 1972
• how is statute law a source of the UK constitution?

  they are the laws passed by parliament. As parliament is sovereign, this means statute laws are sovereign.

  example = freedom of information act
• how are works of authority sources of the UK constitution?

  they refer to the books written to help explain the UK's constitutional arrangements. Books have become so vital to our understanding that they are now considered part of the constitution.

  
  

  example = erskine may's parliamentary practice 1844
• how are common law and case law sources of the UK constitution?

  judges make decisions based on long-established practices or form an opinion based on a fair and just outcome.
• how are conventions a source of the UK constitution?

  they are traditions and customs which have developed over time. They are not laws.
• how are eu treaties a source of the UK constitution?

  they are an additional source

  example = the lisbon treaty 2009, the maastricht treaty 1992
• what constitutional reforms since 1997 have improved democracy?

  • house of lords reform 1999
  • electoral reform - introduced proportional representation into all devolved assemblies
  • recall - 2015 act introduced a recall process for mps
  • reforms in HoC - wright reforms redistributed power to backbenchers
  • english votes for english laws (EVEL)
• what constitutional reforms since 1997 have enhanced rights?

  • human rights act 1998 - made ECHR law accessible to UK courts
  • freedom of information act 2000 - provided public access to documents held by public authorities
• what constitutional reforms since 1997 have decentralised power?

  • devolution
  • exiting the EU
  • elected mayors
  • police and crime commissioners
• what constitutional reforms since 1997 have helped modernise the system?

  • fixed-term parliament act 2011 -fixed UK elections to once every 5 yrs
  • constitutional reform act 2005 - established the SC instead of law lords
• when were the wright reforms established?

  2009
• what did the wright reforms do?

  • chairs of departmental and other select committees would be directly elected through secret ballot
  • members of select committees should be elected from within party groups
  • backbench business should be scheduled by the house rather than ministers
  • the house should decide its sitting pattern for itself
  • an effective e-petitions system should be introduced
  • one backbench notion per month scheduled for debate
• what are the arguments that the house of lords should be reformed?

  • full or partial election would raise the legitimacy of the second chamber
  • the current process is controlled by the PM and benefits the governing party
  • an elected chamber would be more effective check on the executive as the salisbury convention would not exist
  • might create balance against the power of the commons
  • elections might inject more 'professional' element into the chamber
• what are the arguments that the house of lords shouldn't be reformed?

  • might challenge the authority of the commons
  • would eliminate the experts who sit in the lords
  • the current lords more closely mirror the popular vote at the last GE
  • the current chamber works well
  • since 1999, useful check on the executive-dominated commons
• what is a proposed alternative reform for the lords?

  a committee ran by Lord Burns in 2017 suggested:

  • reducing the size of the lords to 600 within 10 yrs and maintaining this until 2047
  • new peerages would be restricted to a 15yr term
  • political peers should be appointed in relation to a party's election performance
• have constitutional reforms since 1997 taken away power from the gov?

  1. Devolution means power has been taken away from UK Parliament
  2. Human Rights Act gives more power for judges to assess laws and challenge government
  3. House of Lords is more willing to be assertive against government after hereditary peers reduced
  4. Creation of the Supreme Court has made the judiciary more independent
  5. Power to call elections has been removed from the PM
• constitutional reforms since 1997 haven't taken away power from gov

  1. Power is still concentrated in UK Parliament, despite devolution (powers can be removed from devolved bodies)
  2. Human Rights Act is not fully entrenched and can be overturned by legislation
  3. House of Lords is still subservient to Commons, and can only delay bills
  4. Government may be more likely to last due to fixed term act, and this can be overridden anyway, as Theresa May showed in 2017