Constitution Examples
1911 + 1949 Parliament Acts- last used Hunting Act 2004 prohibiting hunting with dogs
A and others v Secretary of State for the Home Department (2004) - indefinite detention of foreign
prisoners in Belmarsh without trial under Anti-terrorism, Crime and Security Act
2001 was incompatible with the ECHR.
Easy to change distribution of power among individuals/bodies –Nov 2014 – Manchester given elected
city-wide mayor with powers over transport, housing etc.
Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’ where ev only shown
to judge and not other side, SC said it would undermine CL, parliament passed Justice and Security Act
(2010) to allow it.
Police and Criminal evidence Act 1984 amended by Cameron following 2011 riots due to huge number of
perpetrators of crime – Police (Detention and Bail) Act 2011 reversing restriction of bail to only 96hours-
demonstrating ability UK govt. in time of need – not bound by codification
Rapid dealing with issue of handguns aftermath Dunblane school Massacre= Snowdrop Campaign
seeking changes British gun laws - Parliamentary response less than year later, February 1997,
banning private ownership of handguns above .22 calibre, Nov 1997 ban extended to all handguns +
security requirements expanding for guns, significant drop gun killings- unlike US, where codified
constitution means even after hundreds of similar incidents, gun laws haven’t significantly changed
Major alterations to UK’s + EU without referendums; Maastricht treaty, Amsterdam treaty and Nice
treaty-government also ignoring public demand for a vote on the Lisbon treaty
2003 intervention into Iraq War went ahead regardless of opposition of general public and several MPs
like Clare Short and Robin Cook
2018 Data Protection Act sets out rules for processing personal data +incorporates EU's GDPR into UK
law- created by Parliament, and once passed, became binding on all other bodies
Boris Johnson 2019 August- sought Queen permission to prorogue parliament for longer than usual 5
weeks – attempt to avoid full scrutiny of government’s Brexit proposals – date set for withdrawal
changed to 31 October- prorogation was granted but ruled illegal by unanimous 11-0 judgement of UK
S.C in September 2019- courts involved in politics DIDN’T overrule decision
2005 R (Jackson) v Attorney General- House of Lords held that there is no constitutional principle of
judicial review of primary legislation + Tony Nicklinson case
Dicey- An Introduction to the Study of the Law of the Constitution- conventions such as King cannot veto
any bill passed by 2 houses of Parliament + parliamentary sovereignty
2018- UK Supreme Court ruled government's decision to introduce fees for employment tribunal claims
was unlawful-restricted access to justice+ violated the right to a fair trial.
2020, Joint Committee on Human Rights concerns about govt. Internal Market Bill- undermine human
rights protections in UK by allowing ministers to override provisions in Human Rights Act.
Fixed Terms Parliaments Act 2011- Lib Dem pressure as if Tories=strong at any point 2010-2015 they
could call election- take Lib Dems out of coalition - May surpassed 522-13 votes 2017, Boris tried 5x -
passed Early Parliamentary General Elections Act 2019 - instead of 2/3rds majority – now only needed
simple majority – surpassed – 438-20 votes – 181 Lib Dem/ Labour abstainers
o Dissolution and Calling of Parliament Act (2022) returned power to PM through royal prerogative.
FoI 2000- greater transparency within govt. institutions like BBC- Jul 2020- Sep 2020 – 11,042 requests –
86 responded to in time, ¾ answerable, 40% answered in full, 35% denied in full on grounds of national
security, commercial confidentiality- FoI request by BBC for local councils to reveal number of individuals
recorded sleeping rough at any stage in 2019, infamous MPs expenses scandal in 2009- 5 Labour MPs
and 2 Conservative peers were jailed
CRA 2005 2005 = creation Supreme Court – justices like Lord Neuberger 2013 criticised govt.
, Dicey - twin pillars of British Constitution, parliamentary sovereignty + rule of law = reference points by
politicians - eluded to by John Bercow March 2019 - to prevent PM Theresa May from bringing Brexit
Withdrawal deal before the commons for a 3rd time in 1 session
Parliament can legislate on any matter- voted to join EEC in 1972 – repealed by laws enabling Brexit-
European Union Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020
HoL Reform Bill 2014 -allowed for peers to resign/ be removed for non-attendance – by early 2020 – 6
removed for non-attendance (Baroness Wolfson), 106 resigned (Lord Steel)
o Still unelected as bill such as 2012 Reform Bill failed due to 91 conservative backbenchers – would
have brought 80% elected, 20% unelected
2018 HoL 15 amendments to EU Withdrawal Act - invoke Article 50 and allow Britain to leave EU-HoC
only agreed 1. HoL made 1 more amendment to bill- voted down by Commons- HoL just backed down
EU (Withdrawal) Act 2020 - Triggering Article 50 began UK's withdrawal from EU –act of parliament
made legal provision for ratifying Brexit withdrawal Agreement and incorporating it into domestic law of
UK - re-affirmation of parliamentary sovereignty
Scotland Act 2012 gave them tax varying powers – 10p in the £ - important as start of an impetus
towards greater devolved powers
Succession to the Crown reform - Act 2013 enabled eldest child of monarch to ascend despite gender or
if they were married to roman Catholic
Scotland and Wales 2006, Scotland 2016, Wales 2017
o Success- Worked well in Scotland and Wales – popular support in wales went from 50.3% in 1997 to
63.5% in 2011 + Devolution stopped Scotland backing full separation from UK
o Failures - Not succeeded in N.I – scandal over renewable energy scheme – Assembly suspended
between Jan 2017 and 2020
15% of electorate voted to retain Middlesbrough elected mayor 2013 (low turnout)
Greater London Authority Act 1999- elected mayor in London
Referendum on AV May 2011- 68% vs 32%
Police Reform and Social Responsibility Act 2011- allowed for direct election of Police and Crime
Commissioners- first ones took place in 2012 - 11.6% turnout 2012- PCC for Staffordshire
Equality Act 2010- 116 individual measures into single Act to combat discrimination and promote fairer
society
Protection of Freedoms Act 2012- offered citizens greater protection from state- enhanced scrutiny of
security services MI5 and MI6
Sewell Convention -Westminster won’t legislate on devolved issues- codified into law in Scotland Act
(2016) and the Wales Act (2017).
Posonby Rule convention- international treaties should be laid before Parliament 21 days before
ratification. Constitutional Reform and Governance Act (2010) put requirement into Statute Law.
War Crimes Act (1991) –allowed UK Courts to try criminals retrospectively who committed crimes in and
on behalf of Nazi Germany- resulted in only one prosecution.
European Parliamentary Elections Act (1999) –changed voting system for EU elections to Closed Party
List using D’Hondt system of proportional representation. Prior to this the system FPTP
Sexual Offences (Amendment) Act (2000) –made age of consent for homosexuals equal to heterosexuals
Collective rights over Individual rights - 2014- Anti-Social Behaviour, Crime and Policing Act expanded
law enforcement powers+ ability of councils to enforce public spaces protection orders PSPOs-
criminalise not normally criminal behaviour by outlawing certain activities within a defined space.
Behaviours which can be tackled and controlled through PSPOs- e.g. 2015 Hackney Council tried to make
rough sleeping criminal- withdrawn after 80,000 signature petition, 2016 Southampton council control
drinking/ begging via PSPO, 2017 Durham introduced dog faeces control
o Some PSPOs implemented without adequate consultation- targeted vulnerable individuals, especially
homeless/beggars- end of 2018 over 400 PSPOs in place in Wales alone- PSPO in Dawlish - illegal to
‘act in a manner as to cause annoyance … to any person’.
, Individual rights over collective rights – GDPR and protection of minorities – May 2018- Migrants’ Rights
Network exposed agreement in form of MoU allowing data on patients like addresses/ D.O.B. to be
shared between NHS and Home office for immigration enforcement – MRN launched legal challenge in
High Court Nov 2017 - breach of Data Protection Act, April 2018, campaigns by health and civil rights
groups - Doctors of the World, National AIDS Trust and Liberty — forced govt. acknowledge agreement
as illegal breach of personal data under the then soon-to-be-enacted GDPR Act.
Ashers Baking Company Ltd. Northern Ireland- prosecuted for refusing to bake cake for gay rights activist
– S.C. 2018 overturned–not about sexuality but forced speech – same way Labour supporter can refuse
to produce Conservative Party publicity – individual right to free speech vs collective rights of group
o 2013- Christian owners of Cornish guest house lost court case over refusing to allow same-sex couple
to share double bedroom
FGM- common practice among some African Middle Eastern communities –UK child safeguarding rules
schools+ social services required to report cases of FGM to police – illegal under FGM Act 2003- results in
potential clash – individual rights to follow cultural practices and collective rights of wider UK society
who see practice as child abuse BUT shows UK law can be solution to the conflict – individual rights of
child are more important despite collective tradition
R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport (2014)- residents
challenged govt. decision to approve construction of rail that would run through properties- court ruled
decision wasn’t discriminatory -necessary for collective rights to modernize country's transportation
infrastructure- illustrates how individual property rights balanced with collective right to modernize
Coronavirus Act (2020)- Govt. able to carry out most restriction of civil liberties since WW2 Defence of Realm
Act- limits on freedom to assemble, movement, peacefully protest+ passed ‘on the nod’ –not even voted on.
Govt. making decision to place collective rights of citizens to be protected from COVID-19 over ancient indi-
vidual rights protected under Common Law.
BBC) v HarperCollins Publishers Ltd (2010): BBC sued publisher for using copyrighted material in book
without permission- court didn’t permit injunction
Creation of IPSA in response to 2009 expenses scandal- exposed widespread abuse of expenses system
by MPs- increased transparency + accountability in system- positive development for democracy.
Law Commission proposes repeal of laws that have become obsolete- 2015 repeal Statute of
Marlborough 1267 passed during the reign of Henry III
Structure and Role of Parliament
PMQs can be used to put something on the news agenda. This was done extremely well by Ed Miliband
in March 2013. The Conservatives under David Cameron had made a made a u-turn on the issue of min-
imum alcohol pricing. This was a minor issue in the grand scheme of politics that week. However, a well-
deployed joke by Miliband placed it on the news agenda in the following days: is there anything he could
organise in a brewery (a piss-up) – claiming govt. falling apart
Blair vs ‘weak, weak, weak’ Major: Tony Blair became Labour Leader in 1994 and was up against a Con-
servative Prime Minister who was struggling to keep his own party onside – particularly over the issue of
the European Union. Tony Blair was able to characterise John Major as weak in this classic moment from
January 1997, just a few months before the General Election:
Cameron v ‘Bottler Brown’: In 2007 Gordon Brown had taking over from Tony Blair as Prime Minister. At
the time (it was before the Fixed Term Parliaments Act) Prime Ministers could call a Snap Election
whenever they wanted. With Labour ahead in the polls it was widely expected that he would call and
election, but didn’t. Cameron jumped on this opportunity to portray the PM as weak and indecisive:
Humble Address- Parliament to monarch to force govt. to disclose documents– usually put forward on
opposition day– 2017 - Papers economic impact of Brexit- Govt. refused to reveal documents potential
economic impact of Brexit- 1 Nov 2017- humble address to queen asking for disclosure- Jacob Rees
Mogg supported disclosure (backbencher), 2018 - Legal Advice regarding Withdrawal Agreement- Labour
Nov 2018 asked monarch to seek the legal advice – govt. didn’t oppose it but when Parliament opened
papers –incomplete – govt. had not followed requirements of humble address. Parliament held vote to
, hold government in contempt of Parliament-passed 311 to 293 - first time Government ever been in
contempt of Parliament.
Lord Lebedev’s appointment to Lords 2022- Dec 2020- Russian British billionaire given peerage to sit in
HoL – owner of Evening Standard and Independent – Russian oligarch father + former KGB officer – given
peerage despite govt. being warned he was a security risk
Cameron Aug 2013- proposed air strikes against al-Assad forces to deter future use of chemical weapons
against civilians – defeated 285-272 despite coalition govt. -Lib Dem MPS voted against it – showing Par-
liament took lead on foreign policy then Dec 2015- Commons support air strikes IS targets Syria after 9 IS
bombers killed 130 people in Paris attacks
22 emergency debates in 2017-2019- Brexit, Universal Credit, and Diana Johnson (MP) Jul 2017 – emer-
gency blood scandal - patients given contaminated blood - contained Hep. C and HIV
Backbench Business Committee - debate – 12/02/2020 – Cumbria MP Tim Farron raised topic -support
for hill farmers, Mansfield MP Ben Bradley –education of white working-class boys
20 opposition days to choose topic for debate. 17 for official opposition- 2009 Gordon Brown's leader-
ship- opposition motion to allow Ghurkhas (Nepalese soldiers serving in Army) to settle in UK passed- 27
labour MPs rebelled + supported opposition parties
2017- 55,000 questions asked- most to public service departments like health/ education
March 2020- Shaun Bailey Tory MP for West Bromwich West used questions to attack opposition
Rise in speaker allowing urgent questions- 2017- 18- speaker granted 114 urgent questions
Dominic Raab resigning April 21st 2023 due to claims of bullying and formal complaints over his dealings
with civil servants- transparency, ethics
Environmental activist George Monbiot- oral evidence 2019-21 Environment Bill Committee
28 select committees in 2020- most corresponding with govt. departments- elected by secret ballot of all
MPs at start of each parliamentary session – chairs divided up between parties – reduces whip power
and election of more independent MPs – Jan 2020- Julian Knight won select committee chair of DCMS by
just 9 votes, Labour MP Stephen Timms chaired DWP
Boris Johnson grilled by a committee of MPs on whether he intentionally misled Parliament over lock-
down-era gatherings at No 10- March 23
Committees contribute to Investigatory Powers Act 2016 over electronic surveillance-safeguards to pro-
tect journalists- 11 members
21st February 2018: Corbyn accused May of "running down" NHS. May accusing Corbyn of "scaremon-
gering" - Labour had previously supported NHS funding cuts.
Brexit debate- 12th Dec 2019: Tory Mark Francois said opposition MPs ="traitors" for seeking to delay
Brexit. Labour Paula Sherriff said language used = reason for murder of MP Jo Cox 2016.
Whips can be withdrawn from MPs – Matt Hancock when he went on I’m a Celeb 2022
PMBs need govt. support– Turing Bill wasn’t passed after govt. support withdrawn
Select Committees overlooked - can and do ignore reports, 60% of them on average
Govt. accused of omitting 22/25 recommendations made by Transport Select Committee in 2018 on is-
sue of expansion of Heathrow Airport.
This can be seen when in 2010 treasury committee called chancellor, George Osborne to ask questions
about budget cuts, avoided answering questions on by focusing instead on the budget deficit itself.
Fracking Vote 2022- 40 Tories failing to back Truss govt. + allegations that MPs were manhandled by
whips into voting lobbies – chief whip Wendy Morton and Craig Whittaker – govt. won 326-230 but
claims of intimidation and bullying – defeating Labour motion to set up vote to formally ban drilling for
shale gas in England – rebels like Chris Skidmore (green Tory)- despite 3 line whip, Tracey Crouch, Wil-
liam Wragg, Angela Richardson all rebels despite Tory Whips writing to MPs that rebels would lose whip
as it was seen as confidence vote in govt.
Time motions/guillotines, can end discussions before clauses are even considered- Johnson, mayor,
2009, called time +walked out of meeting where he was under the scrutiny of Transport Committee in-
vestigating impact of heavy snow on public transport in London
