This is a complete summary of all 4 topics that could come up on paper 2, ranging from should devolution be extended all the way to whether the Supreme Court is effective.
Inside this document contains:
- Large amounts of content summarised into bitesize chunks
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Relations
between the branches
1.Constitution revision guide
1.1 Nature and
Development of the
British Constitution:
How the constitution developed:
Magna Carta 1215 Create principle of rule of law, that everyone
should be held accountable to law and order
Bill of Rights 1689 Established the sovereignty of Parliament over the
monarch
Act of Settlement 1701 Established the monarch as the monarch of the
United Kingdom
, Act of Union 1707 Abolished the Scottish Parliament and created the
British Parliament
Parliament Acts 1911 and 1949 Established the supremacy of the House of
Commons meaning that the Lords could not block
finance bills and could only delay bills by one year
European Communities Act 1972 Brought the UK into the EU- EU law added to
constitution.
Notice of Withdrawal Act 2017 Will bring UK out of the EU
Sources of the British Constitution:
Statute Law Act of Parliament that is passed
• Parliament Acts 1911/1949
• Scotland Act 1998
Conventions Unwritten principles that are accepted as law within the political community
• Salisbury convention that the HofL cannot block laws that were in winning
party’s manifesto
• Convention of Collective Ministerial Responsibility
Authoritative works Works of legal authority that act as guides:
• Bagehot’s English Constitution of 1867 showed how Executive and Parliament
should relate.
• Gus O’Donnel in 2010 wrote the guide on Coalition forming.
Common Law Common law is legal precedence created by judges rulings as opposed to new
laws.
Many rights of citizen’s exist in this form.
Treaties Treaties signed and passed by Parliament are binding:
European Communities Act 1972
Traditions Actions that have become tradition:
Queen opening Parliament with the joint session and Queen’s speech
Nature of the British Constitution
• It is uncodified: The British Constitution is not written down in one formalised document. It is instead
made up of lots of different laws, conventions etc. This means it can be changed easily.
• It is un-entrenched: The Constitution cannot be entrenched as Parliament is sovereign, so always has
the power to change it by passing a law.
• It is unitary: All political power resides in one place- Parliament in London. Unlike a federal constitution
like in the USA which has state laws and federal laws. Parliament is the sole maker of laws, and can
take back all devolved power if it wants.
1.2 How the Constitution has changed since 1997
New Labour reforms 1997-2010
Reform Description Successes Failures
,Devolution • Scottish parliament • All created via referendum. • It is asymmetric- Scotland
created. • Has allowed for laws to be has most power.
• Welsh and N. Irish catered to each country. • The elections usually have a
Assemblies created. • Has made the country more low turnout- lower than
• London democratic. general elections
Mayor/Assembly • Kept peace and Union • Scottish Nationalism
created together. increased
• Allowed for each region to • No strong governments
have a different Coronavirus • Devolution in N.E England
policy, allowing for better rejected in referendum
response. 2004
• Difference in Coronavirus
policy could be seen as
chaotic
Human • Made the European • Finally means all citizen’s Parliament is still sovereign
Rights Act Convention of rights are written down. and can overrule it.
1998 Human Rights law • Seeks to entrench citizen’s
• Made the European rights
Court of Justice the
highest court in UK
Electoral Devolved systems use • All devolved areas are more • Turnouts have been low.
reform 1998 AMS, STV and SV proportional. • No strong Governments in
• No wasted votes any devolved area.
• ETC… • ETC….
Reform of Reduced Hereditary • Has made most lords • Not finished
House of Peers to 92. Now it is appointed- so most are now • Still unelected
Lords 1999 mainly appointed. there for being experts. • Still 92 Hereditary peers
• Hereditary Peers now take Still 25 Bishops.
role more seriously • Life Peers are too easy to
• Makes Parliament more appoint- 790ish members
democratic means its largest body in
world.
Reform of • Established supreme • Independence of judges • Supreme Court is growing in
Judiciary court reduces power of Political power and could be
2005 • Separated judiciary Government. seen as getting too
from Government. • JAC was set up to appoint powerful.
• Made the Judiciary judges rather than • Lord Chancellor can still
independent Government. veto appointments
FOIA 2000 Meant Citizens could • Has led to more • Information can be
make requests to see transparency. withheld if the information
information held by • Helped lead to expenses is deemed as
public bodies scandal- showing corruption linked to national security
in Parliament. This is happening more
• Used often. regularly.
• Sometimes used for trivial
questions- like John
, Prescott’s weight
House of Established the Backbench Committee has DSCs still have a majority
Commons Backbench Business allowed Backbenchers to for the Government.
Reform Committee be more organised in Government still don’t
Increased salaries of passing Private Bills and have to follow
Select Committees. holding Govt. to account. recommendations.
Introduced system
DSCs have grown in
of electing chairs of importance and
Committees independence since
reforms
Coalition reforms 2010-2015
Reform Description Successes Failures
Fixed Term Elections happen every Was supposed to reduce • 2017- Theresa may
Parliament 2011 5 years power of Govt. in calling circumvented law and
snap elections. showed it is unlikely to
Governments have still actually stop a Govt.
been able to call both • 2019- Uncertainty over
2017 and 2019 Brexit would have led to
elections. an election in normal
times, but has created
gridlock instead.
• All parties in the 2019
election promised to
repeal it
• Gives queen more power
in deciding who to invite
to form Govt.
Further After Referendum. Wales now has more Unenthusiastic support-
Devolution to Wales given power independent democratic Referendum turnout was
Wales 2014 over raising new power. 35%
forms of tax
English Votes for • Has sought to solve • Allows English MPs to • Speaker alone has power
English Laws West Lothian vote on English laws- to declare it an English
2015 Question. more democratic. Law- bit unclear.
• Means English MPs • Used in Jan 2016 on • SNP MPs worried Govt.
only can vote on Housing Bill will use to their
certain laws. advantage as Tories have
most English MPs.
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