AQA A-Level Government & Politic
Paper 1: Government & Politic of the UK
Chapter 1: Nature and Sources of the Britsh Consttuton
Difference beweeen indiiiidiuail aindi collectie rightwe
IRs are rights that belong to each citien whereas CRs are rights that lie with groups of
people
Aepecwe of ai Weewern liberail diemocraicy wtaiw wte Conetwuton ie meainw wo prowecw
• Free, fair and democratc electons
• Balance of individual and collectve rights
• Where power, decision-making authority and sovereignty lies
• The easiness to understand & partcipate in the politcal process
• Rule of law (the principle that the law is enforced and it is applied equally to everyone, in-
cluding the government)
Key ctairaicwerietce of wte UK Conetwuton
• It is uncodifed (not contained in a single set of documents)
• Unitary government (most power lies in the centre, namely the Westminster Parliament)
• Upholds parliamentary sovereignty (the principle of the GB Consttuton that makes Parlia-
ment the ultmate authority), as described by the phrase "no Parliament can bind its suc-
cessor"
- This ability to revoke a predecessor's legislaton was seen when Parliament voted to join
the EEC in 1972 but lef in 2020 with the EU Withdrawal Agreement Act
• While PS is the frst pillar of the Consttuton, the rule of law is the second
Six Maiin Sourcee of wte Britet Conetwuton
• Consttutonal Statute Law
• Common Law
• The Royal Prerogatve
• Conventons
• Works of Authority
• Internatonal Agreements
Swaiwuwe Laie aie ai eource of wte BC
= Any law that has been passed by both Houses of Parliament and has received the royal as-
sent
• Most important source as it includes anything from the Representaton of the People Act
1969 to the Human Rights Act 1998
• Before January 2020, even European law shaped the Consttuton as EU treatesslaws were
binding on the UK government (undermining parliamentary sovereignty)
Common Laie aie ai eource of wte BC
,= The body of legal precedent resultng from the rulings of senior judges; also known as case
law
• This involves the criminality of murder or the freedom of expression but CL is ofen modi-
fed by statute law
• For example, punishments for murder were changed in 1965 when the death penalty was
abolished
Royail Preroghaitie aie ai eource of wte BC
= The formal powers of the monarch that are, in practce, exercised by the PM and the gov-
ernment
• Remaining powers exercised in the name of the Crown
• Range from the ability to suspend Parliament to the issuing of passports
• In August 2019, the Queen allowed Boris Johnson to prorogue Parliament for longer than
5 weeks (though the Supreme Court ruled the decision illegal 11-0)
Conientone aie ai eource of wte BC
= Unwriten rules and procedure mostly concerned with parliament that facilitate the
smooth running of the Consttuton
• For example, the post-general electon conventon is that a monarch invites the leader of
the largest party to form a government
• The conventon of royal assent is the most important legislaton-related one but the last
tme it was withheld was back in 1707 at the tme of the Scotsh Milita Bill
Worke of Auwtoriwy aie ai eource of wte BC
= A variety of documents which deal with parliamentary procedures, statesman responsibil-
ites and the dutes of ministers
Use ‘WhEAT’ as an acronym
• Walter Bagehot's "The English Consttuton" distnguished between 'dignifed' (e.g. the
monarch) and 'efcient' (e.g. the Cabinet) parts of the Consttuton
• Erskine May's "Parliamentary Practce" is regularly used by the Speaker of the HofC to
make rulings on parliamentary business
• AV Dicey's "Introducton to the Study of the Law of the Consttuton" asserted the Kings
cannot veto bills, that democracy has 2 pillars and that parliament is sovereign
• The Cabinet Manual of 2010 was Gordon Brown's project to set out rules on ministerial
conduct, scrutny of government and cabinet compositon.
Teo Leee Sighnifcainw Sourcee of wte UK Conetwuton
1) Authoritatve opinions - viewssdefnitons that are important and regarded as the fnal
word or authority on an issue
2) Internatonal agreements such as European Conventon on Human Rights or the Kyoto
Protocol
1ew Mileewone in wte Deielopmenw of wte GB Conetwuton
Magna Carta [1215]
• Royal charter of rights agreed on by King John
• 63 clauses but only 4 remain unrepealed
• Gave the right of a fair trial to 'free men'
,• First formal limitatons of the monarch
2ndi Mileewone in wte Deielopmenw of wte GB Conetwuton
Bill of Rights 1689
• Adopted afer the 1688 Glorious Revoluton during which James II fed
• Granted the rights to frequent parliaments, free electons and freedom of speech within
parliament
• Principles like parliamentary privilege have stayed to this day
• However, the Bill did not empower ordinary men & women or change the narrow fran-
chise
3rdi Mileewone in wte Deielopmenw of wte GB Conetwuton
Act of Setlement 1701
• Follow-up to the Bill of Rights
• Legislaton ensured Protestant accession to the throne by basing the line of succession
around Sophia of Hanover
• Did not actually further democracy
4wt Mileewone in wte Deielopmenw of wte GB Conetwuton
Parliament Acts 1911 & 1949
• Afer a Conservatve-Unionist HofL rejected the 1909 Liberal budget, a new was passed to
end the Lords' veto of legislaton and reduce their ability to delay laws to 2 years
• A follow-up act in 1949 reduced this tme to 1 year
• Both acts increased the democratc accountability of Westminster
• Nevertheless, the issue of an 'elected element', life peers and hereditary peerage re-
mained unsolved
5wt Mileewone in wte Deielopmenw of wte GB Conetwuton
European Communites Act 1972
• Enabled the UK to join the European Economics Community
• Passed 309-301 under a Conservatve Edward Heath government
• From then on, all legislaton had to conform with EU law and the Act was actually de-
veloped by measures such as the Single European Act 1987 and the 2007 Lisbon Treaty
• The 2018 and 2020 EU Withdrawal Acts showed the loss in parliamentary sovereignty
were only temporary
• EU membership did not afect all areas, leaving defense + educaton to the UK
Maiin Ttemee of Conetwutonail Reform eince 1997
• Moderniiaton of politcal insttutons
• Greater democracy in the politcal system
• Devoluton of powers
• Emphasis on human rights
Inetwutonail Modiernieaiton 1997-201101
House of Lords Act 1999
• Removed all but 92 hereditary peers
• Introduced more nominated life peers
, Consttutonal Reform Act 2005
• The Law Lords were replaced with a Supreme Court
• Increased judicial independence as well as the SofP
Inetwutonail Modiernieaiton 201101-20115
House of Lords Reform Bill 2012 (atempted)
• Proposed to make the Lords 80% elected and 20% nominated, with no hereditary peers
• Killed by 91 Tory backbenchers
Succession of the Crown Act 2013
• Allowed royal ofspring born afer ctober 2011 to be treated equally on a gender basis
• Permited those who married to Roman Catholics to be able to take the throne
House of Lords Reform Act 2014
• Enabled peers to resign, be removed for criminal ofences and forced to leave due to non-
atendance
• By early 2020, 6 peers had been removed for the lack of atendance while Lord Steel was
able to retre
Democraitiaiton 1997-201101
Referendums Act 1997
• Allowed referendums to be held in SC and WA over the creaton of devolved assemblies
Greater London Authority Act 1999
• Set up a directly elected mayoral positon in London
• Gave other cites the green light to establish their own 'metro mayors'
European Parliamentary Electons Act 1999
• Changed the electoral system for European electons to proportonal representaton
Democraitiaiton 201101-20115
Police Reform and Social Responsibility Act 2011
• Allowed for the frst electon of police and crime commissioners in 2012
2011 Fixed-Term Parliaments Act
• Required the PM to secure the support of 2s3 of MPs to call a general electon
May 2011 Electons Referendum ('N ' vote)
• 68% of the country voted against switching from FPTP to AV
Eewaiblietmenw of Deioliedi Leghielaiwuree 1997-20115
The Scotland Act, Wales Act and Northern Ireland Acts of 1998
• Set up devolved parliaments
• Subsequent acts afected SC & WA in 2006, SC in 2016 and WA in 2017
November 2004 North-East Referendum ('N ' vote)
• The proposal to create an elected regional assembly in the north-east of EN was rejected
78%-22%
Prowecton of Humain Rightwe 1997-201101
Human Rights Act 1998
• Incorporated the ECHR into UK law
• Enabled UK courts to judge based on the ECHR rather than having to be referred to Stras-
bourg
