Pol

• Constitution


  a set of rules determining where ultimate power lies in a system and relationship between government
• Unentrenched


  having no special procedure for amendments
• Uncodified


  the constitution is not written so cannot be followed
• Unitary


  power is in one place
• Parliamentary sovereignty


  parliament has ultimate power over laws, can't bind its successors and its legislation can't be struck down by a higher body
• Rule of law


  everyone must follow the rule and will be punished for not, though everyone is entitled to a fair trial and shouldn't be imprisoned without a legal process
• Statute law


  laws passed by parliament (1998 scotland act)

  not all laws are constitutional, only those that affect the nature of the political system/citizens rights

  most important source as underpinned by the concept of parliamentary sovereignty
• Common law


  laws made by judges where the original is unclear (habeas corpus was until it became statute in 1967)

  legal principles laid down by judges in rulings, which provides precedents for later judges
• Conventions


  traditions that affect the way a political system works (after 2003 iraq, parliament will vote on war unless an emergency)

  can be challenged/changed by an act of parliament
• Authoritative works


  guides on how a political system is run, written by experts (erskine may's 1844 parliamentary practise)

  lacks legal standing
• Treaties


  formal agreements with EU members (1992 maastricht)

  other countries don't affect the constitution
• Devolution


  dispersal of power, but not sovereignty, within a political system
• Magna carta


  written in 1215, said that no one should be deprived of liberty or property without due process of law, though most has been repealed
• Bill of rights


  passed by parliament in 1689, included regular parliaments, free elections and freedom of speech within parliament
• Act of settlement


  1701, established the right of parliament to determine the line of succession to the throne
• Act of union


  1707, united england and scotland who had shared a monarch since 1603 but not parliaments
• Parliament act 1


  1911, lords could not delay money bills and had a 2 year delay for non financial bills
• Parliament act 2


  1949, reduced the 2 year delay in the lords to 1
• The european communities act

  1972, took the uk into the eec and eu law would be sovereign over uk
• For a codified constitution


  one source so is easier to learn,

  helps check the power of the executive,

  unusual to not be codified,

  supreme court can't declare laws unconstitutional,

  it should be more difficult to amend to fit its importance
• For an uncodified constitution


  flexibility would be lost,

  leads to judicial activism
• House of lords act


  1999, removed all but 92 hereditary peers
• Removal of peers


  ended conservative dominance, gave the lords a modern appearance, majority were now nominated due to merits
• House of lords appointment commission

  established may 2000, recommends 2 people a year to be crossbenchers and vets most other nominations for lords
• Scottish devolution referendum


  september 1997, 75% yes, 25% no, 60% turnout
• Welsh assembly referendum


  september 1997, 51% yes, 49% no, 50% turnout
• Good friday referendum


  may 1998, 71% yes, 29% no, 81% turnout
• West lothian question


  scottish MPs at westminster could vote on purely english matters, but english MPs couldn't vote on scottish matters
• The barnett formula


  determines relative levels of public spending for parts of the UK based on population, meant that devolved bodies receive more
• North east assembly referendum

  2004, 78% no, 22% yes, 48% turnout
• Human rights act


  1998, incorporated ECHR into statute law, ensuring a right to fair trial, freedom from slavery, etc and all future legislation has to be compatible
• Limitation of HRA


  the government declared and exemption from article 5 (right to liberty and security) in cases of suspected terrorism
• Creation of the supreme court

  2005 constitutional reform act led to establishment in 2009, took over from law lords
• Scottish devolved powers


  education,

  justice,

  housing,

  police,

  fire,

  vary income tax by 3p,

  drink driving limits
• Number of MSPs


  129, elected every 4 years
• Welsh devolved powers


  culture,

  education,

  environment,

  housing,

  transport,

  health,

  language
• Number of welsh members

  60
• Irish devolved powers


  education,

  welfare,

  transport,

  justice,

  reserved matters including financial, broadcasting, firearms
• Advantages of devolution


  one region doesn't represent everyone,

  brings decisions closer to the people,

  solves west lothian question

  allows cultural identity,

  makes decisions based on consensus,

  system can evolve
• Disadvantages of devolution


  little public want for regional assemblies,

  political parties have to fight harder,

  increased taxes,

  more arguments,

  unstable,

  service variations