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The development, nature and sources of the UK Constitution
How the constitution has changed since 1997
Devolution
Debates on further reform
THE DEVELOPMENT, NATURE AND SOURCES OF THE CONSTITUTION
DEVELOPMENT
Important historical 'landmark' documents:
- 1215 Magna Carta: no one should be deprived of liberty or property without due
process of law (limits power of the monarch)
- 1689 Bill of Rights: regular parliaments, free elections, freedom of speech within
parliament (limits power of the monarch)
- 1701 Act of Settlement: right of parliament to determine the line of succession (give
parlt power over the monarchy)
- 1707 Acts of Union: The UK and Scotland placed under one Parliament (since
revoked) (centralising power, strength in alliance)
NATURE
uncodified:
- located in multiple different sources and there is no one document
- statute law (passed by parlt - ONLY those affecting rights/nature of the political
system eg devolution)
- common law (interpreted by the sc)
- conventions eg. govt will not order military action w/o parlt approval prior (since Iraq)
- authoritative works (textbooks)
- Codification would bring greater clarity over rights, especially if it included a BoR
- it would be useful in deciphering what to do regarding conventions/hung parlt
- little impact without entrenchment - constitution would be easily amendable
- codification is complicated so countries don't usually want it changed
easily
unentrenched:
- In the USA where it is entrenched, ⅔ of Congress and ¾ of the states are required
to change the constitution
- an entrenched constitution would protect it from badly thought out amendments
particularly when the govt has a large majority and can therefore pass almost
anything
- there would need to be a constitutional court which would lead to
interpretations like in the US, leading to unelected/unaccountable judges
, unitary:
- Sovereignty lies in Westminster; Scotland, England, Wales and NI make up a
'unitary state' and ultimate power is in the British parliament (modified since
devolution)
Pillar One: PARLIAMENTARY SOVEREIGNTY
- No parliament can bind its successor
- in 2003, section 28 of the 1988 Local Govt Act was repealed; it was no
longer illegal to intentionally promote homosexuality in schools
- legislation passed by parliament cannot be struck down by a higher body
- the supreme court can only interpret not overturn parliamentary laws
- parliament can make a law on any subject
- in the mid 60s parliament legalised abortion, homosexuality, made divorce
easier and abolished the death penalty
Pillar Two: THE RULE OF LAW
- all citizens and bodies are under and must obey the law; they can be accountable if
they do not
- everyone is entitled to fair trial; judiciary is independent of political
interference, everyone is equal under the law
HOW THE CONSTITUTION HAS CHANGED SINCE 1997
This period saw such extensive reform due to demands for modernisation (eg. reform of the
political system) and because the conservative govts had refused to undertake constitutional
reforms, building up a pressure for change
UNDER LABOUR (1997-2010)
HOUSE OF LORDS REFORM
- all but 92 hereditary peers
- reduce the influence of Labour opponents since most hereditary peers were
conservative → no party dominance anymore
- most members became 'life peers' → appointed based on merit
- From 2000 a House of Lords appointments Commission nominated crossbenchers
- The PM continued to make nominations on political grounds
- no agreement was reached on making the Lord's either wholly or partly elected so it
continued to lack democratic legitimacy
ELECTORAL REFORM
- Although proportional representation in various forms was implemented in the
Scottish parlt, Welsh and Irish assembly as part of devolution, Labour had no interest
in changing arrangements for Westminster as they won a huge victory under fptp
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