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Unit 2 - UK Government
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Constitution:Constitution - The constitution is written down in one place, as one document.
Constitutional laws are ‘entrenched’ - they have higher status than other laws - for example
the USA.
Uncodified constitutions Codified constitutions
Uncodified - The constitution is made up of Codified - The constitution is written down
several sources- some written, some not. in one place, as one document.
Constitutional laws have the same status as Constitutional laws are ‘entrenched’- they
any other law- for example the UK. have higher status than other laws- for
example the USA.
Untrenched - Constitutional laws are no Entrenched - The constitution is protected
different to state laws. Parliament is by a ‘higher court’, needing special
sovereign so can change it through state procedures to amend it.
laws.
Unitary - Power is concentrated within a Federal - Power is shared between
single body/institution- for example UK institutions- for example the USA (state
Parliament. This is based on the principle of power and national power).
parliamentary sovereignty.
Flexible - Any of its sources can be Rigid - A source that requires a lengthy and
changed without any lengthy process. This difficult process to alter. An amendment
means that it can be adapted to constant requires the ⅔ majority in Congress in the
changes in society. Civil Partnership USA.
Agreement 2004.
Parliamentary sovereignty - A ‘twin pillar’ of the UK constitution. This means that supreme
power remains in the hands of a single source and that Parliament has the ability to make,
unmake or remove any law it wishes.
The rule of law - One of two pillars of the UK’s uncodified constitution. It's where the law
should ‘rule’ and should apply equally to all (everyone is entitled to a free trial).
Statute law - Laws passed by Parliament; as Parliament is sovereignty. State laws are also
sovereign.
Common law - Where judges make decisions based on long established practices. The
judicial system decides on a case and that similar cases will be treated in the same light.
Conventions - Traditions and customs that have developed over centuries through the UK’s
evolutionary system. They are NOT laws. Boris Johnson party saga e.g.
Authoritative works - Refers to books written to help explain the workings of the UK’s
uncodified and complicated constitutional agreements. Erskine May’s Parliamentary Practice
1844.
EU treaties - EU treaties are an additional source of UK Constitutional law including the
Treaty of Rome 1957, the Maastricht Treaty 1992 and the Lisbon Treaty 2009.
Treaties - A written agreement made between two or more states that is governed by
international law.
Devolution - Devolved powers to Scotland, Wales and Northern Ireland put local
representatives in charge of local issues. This is a form of decentralisation.
,Sources of the UK constitution:
Magna Carta 1215 - It was an attempt by the land-owning barons to stop the king from
abusing his people. Certain basic rights were established, for example the right to a jury trial.
Bill of Rights 1689 - Guaranteed further basic rights, for example free elections, and laid
out both rights of Parliament and limitations on the power of the Monarch. The Bill firmly
established the principles of frequent parliaments and freedom of speech within Parliament –
known today as Parliamentary Privilege. It also includes no right of taxation without
Parliament’s agreement, freedom from government interference, the right of petition and just
treatment of people by courts. The main principles of the Bill of Rights are still in force today.
Act of Settlement 1701 - This confirmed the power of Parliament to determine the
succession to the throne- it was an attempt to prevent a Catholic from taking the throne.
Acts of Union 1707 - United Scotland to England and Wales, creating the United Kingdom.
Scotland continued to have a separate legal system.
Parliament Act 1911 - Until the early years of the 20th century, the House of Lords had the
power to veto (stop) legislation. This consequently resulted in the Parliament Act 1911,
which removed from the House of Lords the power to veto a Bill, except one to extend the
lifetime of a Parliament. Instead, the Lords could delay a Bill by up to two years.
Parliament Act 1949 - Further reduced the Lords’ delaying powers to one year. The
Parliament Acts define the powers of the Lords in relation to Public Bills. Money Bills cannot
be amended by the Lords. Most other Commons Bills can be held up by the Lords if they
disagree with them for about a year but ultimately the elected House of Commons can
reintroduce them in the following session and pass them without the consent of the Lords.
European Communities Act 1972 - Joined Britain to the European Community (now the
European Union), with the eventual effect that EU law takes precedence over UK law.
1911 Parliament Act - HoL can no longer veto legislation.
1949 Parliament Act - HoL can only delay legislation for a year.
2011 Fixed term Parliament Act - 5 year period between general elections.
, ‘Evaluate the extent to which the UK is need of a codified constitution’
YES NO
Certain rights and freedoms need to be It is very flexible and can be adapted
protected by a codified constitution - e.g (organic) - e.g natural limiting of power to
Higher laws - freedom of speech or freedom Monarch in 17th C.
of assembly. In 2019, Extinction Rebellion
were re-classified as a terrorist organisation Without this organic change has led to
and therefore it is now illegal. revolutions e.g France 1789, Germany
1923.
Any law can be overridden by Parliament as
it is sovereign e.g FTPA 2011. No clear majority in 2010 → flexible
constitution allowed for new rules within 5
days of O’Donnel decision.
If a government is too strong and does not Allows a government to be strong as the
have proper check to its power it can over constitutional checks and balances are
use its authority - e.g denying the Scottish weak in the UK - e.g after 9/11 the lack of a
people the IndyRef2 in 2019 or the codified constitution made it very easy to
“Anti-terror laws” brought in by Blair in change the anti terror laws to meet the
2001(against basic human rights). threat. The Belmarsh Case gave the police
the right to detain terrorist subjects for 28
We need a proper separation of powers days without trial.
under a codified constitution - e.g in the UK
the executive (PM) is also in the legislative It also means that there is rarely a
(Parliament) - not democratic. stalemate in Parliament unlike the US - e.g
2013 Obama & 2018 Trump.
Since 1997 many of our laws are effectively An uncodified constitution has worked for
both codified and entrenched - e.g: 800 years so why change the system?
European Convention of Human Rights
(ECHR) 1998 Despite everything in the IndyRef
Devolution Acts - 1998 (National assembly) referendum in Scotland in 2014 and the
Freedom of Information Act - 2000 Brexit referendum in 2016 have been
Political parties, Elections and respected - so the system already works.
Referendums Act 2000.
It is NOT clear what is needed to make
constitutional changes - NO law e.g is the
outcome of a referendum binding?
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