Development of the UK Constitution
What does the Bill of Rights Dictate?
- Regular parliaments - Free elections - Freedom of speech within parliament
Arguments For the UK Constitution to be Entrenched and Codified, Including a Bill of Rights - Regarding the Powers of a Constitutional Court
- A constitutional court staffed by senior judges with expert knowledge, would be able to assess the constitutionality of actions by Parliament and the executive, judging their behaviour by a clear set of rules - This would increase the legitimacy of the political process
What are Fundamental/Higher Laws? What Does it Mean to Say that an Ordinary Law is Unconstitutional?
- All other laws must be compatible - Any unconstitutional laws can be struck down by the Supreme Court
Arguments Against the UK Constitution Being Entrenched and Codified, Including a Bill of Rights - Regarding Education of Citizens and Difficulty
- Almost no demand for this change - Extremely difficult to find consensus on what to include - Such a project would probably entail years of debate and consultation - Uncodified allows for greater flexibility - Organic entity that is able to adapt to political and social change - constitutional reforms since 1997 can be seen as evidence of the ability of the constitution to change
Outline How Far the Constitution was Reformed Under the Blair Government
- Blair govt was radical in its reforms - bold & far-reaching: slate of constitutional bills dominating the legislative agenda - Reforms were not ends in themselves; created momentum for further change e.g. growing demands for Welsh Assembly to be granted the same powers as Scottish Parliament + SNP bid for independence - "Semi-entrenched" status of HRA means provisions can be set aside by Parliament but this can only be achieved through a special Parliamentary procedure - The removal of the bulk of hereditary peers (92 remained) from the HoL was only envisaged as stage one in a bolder process of reform
Described Constitutional Reform Under Brown
- Called for a "citizen's state" - criticised concentration of power in hands of PM; should be spread more to the rest of parliament - Continuation of the Glorious Revolution of the 17th Century; Iraq War symbolised the way in which nothing compelled the ministers to seek parliamentary approval for the exercise of a wide range of powers - These measures did not readjust the relationship between the executive and parliament
What has Affected Parliamentary Sovereignty?
- Challenged by the use of referenda (popular sovereignty) - EU membership, devolution, and judicial review of legislation also raise questions as to how meaningful the doctrine really is
Are Constitutions Rigid or Flexible?
- Codified constitutions can be surprisingly flexible - Although hard to formally amend, they are subject to judicial interpretation i.e. the Constitution means whatever the Court says it means - Extra-constitutional traditions and conventions can also evolve - In contrast, the UK's uncodified constitution has proved to be very resistant to change - For example, the principle of parliamentary sovereignty dates to the 17th century, and the principle of royal prerogative extends even earlier than that
Why are Constitutions Such an Important Feature of Liberal Democracies?
- Constitutions protect individual rights and liberties - They put clear limits on the power of the government
What are the Features of an Unmodified Constitution?
- Constitutions which do not exist in a single document - They may be some constitutional principles written down but they will not be in the same place; it is therefore misleading to describe them as "unwritten" although there may be some important things not written down at all - In the UK, there is NO distinction between constitutional and other laws - However some countries e.g. NZ & Canada do have some protected constitutional principles which are separated from other laws - In the absence of "higher laws". Judges lack a legal standard (enshrined in a written constitutions by which judges can declare certain government actions as unconstitutional)
Arguments For the UK Constitution to be Entrenched and Codified, Including a Bill of Rights - Regarding Education of Citizens and Difficulty
- Educate the public about constitutional issues and create greater respect for politicians - Orderly and careful process needed to amend constitution would reduce ill-considered changes
Arguments For the UK Constitution to be Entrenched and Codified, Including a Bill of Rights - Regarding the Protection of Rights
- Entrenched BoR would offer stronger protection than the 1998 HRA e.g. introduction of control orders in 2005 - Tendency for Govts to push boundaries of what is politically possible, increasing their power - Greater clarity about the rights of citizens & powers of the Govt
What Impact did Magna Carta (1215) Have?
- Established that every man is equal under the law - Promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the crown, to be implemented through a council of 25 barons
What is Meant by the Rule of Law?
- Everyone is equal before the law, regardless of social, economic, or political status - An individual can only be punished if it is proven in court that they broke a law - The rule of law (and therefore the constitution) includes the results of previous judicial decisions determining the rights of private persons
In what Ways is our Constitution Entrenched?
- It is common practice to hold a referendum on constitutional matters - Some referendums have given sovereignty to other places which could not realistically be taken back - Many Acts of Parliament become core features e.g. Freedom of Information Act, Fixed Terms Parliament Act
What was the European Communities Act?
- Made legal provision for the accession of the UK to the three European Communities: the EEC, Euratom, and the now defunct Coal and Steel Community - Provided for the incorporation into UK law of the whole of European Community law (its treaties, regulations, and directives, together with judgements of the European Court of Justice) - Became binding on all legislation passed by the UK Parliament
What are Weaknesses of the UK Constitution?
- Lack of restraints on the powers of government and Parliament - Contains outdated features such as FPTP, monarchy and the House of Lords - Government and Parliament are fused together rather than being separated - Its uncodified nature makes it more difficult to understand - Most power is concentrated in the Westminster parliament
What were the Overall Effects of these Acts?
- Reduced the powers of the monarchy and extended parliamentary authority - Increased the rights and freedoms of ordinary citizens - Drew together the component parts of the UK - Increased the power of the HoC at the expense of the HoL - Defined the UK's relationship with the institutions that evolved into the EU
In what Ways is our Constitution Un-Entrenched?
- Parliament is sovereign - Parliaments cannot bind their successors - There is no distinction between constitutional and "ordinary" laws - Majority governments use their majority to dominate parliament
What are the Features of a Codified Constitution
- Set out and organised in a single, authoritative document - They have a single source - Two tier legal system whereby there are "higher laws" (constitutional laws affecting power, institutions, right etc.) and "ordinary" laws - Lower laws can be easily changed; higher laws will have more special procedures - Because they set out the duties, powers, and functions of government institutions in terms of "higher laws", they are also JUDICIABLE - This means that all political bodies are subject to the authority of the courts e.g. a Constitutional/Supreme Court
Did these Reforms of the Labour Govt Go Far Enough?
- Stage 2 of the Lords reform was shelved - Labour did not deliver on a promised referendum on elections to the House of Commons (left to the Coalition) - Reforms were "piecemeal" - there was no "constitutional blueprint" that informed Blair's reforms; this would have given the programme greater coherence and goals - Reforms reshaped existing constitutional arrangements but did not address the deeper problems; the reforms failed to tackle the issue of an "elective dictatorship", arguably the central weakness of the UK' constitutional system - Devolution was marginal - the heart of parliament remains in Westminster - There was a lack of substantive parliamentary reform, no mention of a codified constitution or entrenched bill of rights
How and Why are Most Codified Constitutions Entrenched?
- Stops the government from rewriting the constitution and giving itself more power - Entrenched laws are harder to change than normal laws; the constitution requires a 2/3 supermajority vote
Arguments Against the UK Constitution Being Entrenched and Codified, Including a Bill of Rights - Regarding the Protection of Rights
- Strong executive is able to take decisions rapidly in changing situations e.g. countering terrorism, Cameron/May in Syria - Government would be unduly restrained by a codified constitution - Much of the historic constitution is written, with acts of Parliament and works of authority providing clear guidance - Few codified constitutions are self-explanatory and they require extensive interpretation
What is Meant by the Term Separation of Powers? How can Power be Separated Horizontally and Vertically?
- The aim is prevent people working in more than one branch (legislative, executive, or judicial) at any given time, so that nobody can gain too much power - In the US, power is not only divided horizontally between three branches that cannot be crossed, but also vertically, between the federal government and numerous state governments
What is the Doctrine of Popular Sovereignty?
- The idea that sovereignty is vested in the people - Governments are created by, and subject to, the will of the people, and must follow the limits set by the constitution
What is the US Bill of Rights? Why is it Significant?
- The name for the first 10 amendments to the US constitution ○ 1st Amendment - Freedom of Speech ○ 2nd Amendment - Right to Keep and Bear Arms ○ 6th Amendment - Right to Trial by Jury - Most constitutions do not just set limits to protect the people from the government, they includes rights and liberties to protect people from each other
What were the Acts of Union?
- Union with Scotland Act of 1706 passed by the English Parliament - Union with England Act of 1707 passed by the Scottish Parliament ○ By these acts the two separate states with separate legislature (but with the same monarch) came together to form Great Britain ○ The two parliaments merged together to form the Parliament of Great Britain based in Westminster - The Acts of Union of 1800 were parallel acts of the Parliament of Great Britain and the Parliament of Ireland, to create the United Kingdom of Great Britain and Ireland ○ Both Acts remain in force, with amendments, in the United Kingdom of Great Britain and Northern Ireland, and have been repealed in the Republic of Ireland
What is a Federal Constitution?
- Where political power is divided between central bodies and regional institutions - The UK is often described as a quasi-federation because the powers that have been devolved to Scotland, Wales and NI have become effectively entrenched and cannot realistically be taken back by Westminster
What is a Unitary Constitution?
- Where political power rests in one single location - Power may be devolved to regions/localities but has been voluntarily given from the centre
How and Why do Many Constitutions Create a System of Checks and Balances?
- With different powers allocated to different branches and different levels of government, constitutions tend to create a number of checks and balances - A branch may be able to use its powers to prevent another branch from taking a particular action; it balances out their influence and prevents any single branch from acting alone
Arguments Against the UK Constitution Being Entrenched and Codified, Including a Bill of Rights - Regarding the Powers of a Constitutional Court
- Would put an unjustified degree of power in the hands of unelected, unaccountable judges who may be out of touch with public opinion - Codified constitution would be a direct challenge to parliamentary sovereignty, on which the UK system of government has been founded, because it would bind future Parliaments
What is Meant by the Term Modernisation?
Attempts have been made to bring the UK into line with other democracies, for example reforms to the political system
What is Meant by the Term Democratisation?
In response to the idea that the British political system is undemocratic (unelected Lords, FPTP), attempts have been made to introduce more proportional voting systems and introduce some reforms to the Commons and Lords
What is Meant by the Term Restoration of Rights?
In view of the reflection that citizen rights had been eroded, attempts were made to promote rights and freedoms, the Human Rights and Freedom of Information Acts
What is Constitutionalism?
Limited government - The idea that the powers of government should be limited by a constitution - Certain rules and regulations prevent the government from doing whatever they want e.g. Fixed Term Act
What was the Act of Settlement (1701)?
Settled the succession to the English and Irish crowns on Protestants only English pressure on Scotland to accept the Act of Settlement was one factor leading to the parliamentary union of the two countries in 1707
What is a Constitution?
The system of fundamental laws and principles that prescribes the nature, functions and limits of government or another institution
What is Meant by the Term Decentralisation?
There have been efforts to decentralise power away from Westminster in the form of devolution to Scotland, Wales, Northern Ireland and London, the introduction of directly-elected Mayors and PCCS and reforms to local government
What was the Turnout and Result of the 2004 North-East Devolution Referendum
Turnout: 48% No-vote: 77.9%
What were the Parliament Acts?
Two Acts of Parliament which form part of the constitution of the UK - The Act of 1911 asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords - provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords ○ It also reduced the maximum life of a Parliament from 7 years to 5 years ○ Amended by the Act of 1949 - The Act of 1949 further limited the power of the House of Lords by reducing the time that they could delay bills, from 2 years to 1 - The Acts have been used to pass legislation against the wishes of the House of Lords on several occasions since 1911, including the passing of the 1949 Act
Outline the Coalition's Reforms - AV Referendum
WHAT: WHY: OUTCOME:
Outline the Coalition's Reforms - Bill of Rights
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Outline the Coalition's Reforms - Elected House of Lords
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Outline the Coalition's Reforms - End to Male Primogeniture
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Outline the Coalition's Reforms - Fixed Term Parliament Act
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Outline the Coalition's Reforms - Introduction of Police and Crime Commissioners
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Outline the Coalition's Reforms - Recall of MPs
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Outline the Coalition's Reforms - Referendum Lock and EU Referendum
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Outline the Coalition's Reforms -Backbench Business Committee
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Outline the Labour Government's Reform of Election Systems and Regulation of Political Parties - 1999 Howarth Committee
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Outline the Labour Government's Reform of Election Systems and Regulation of Political Parties - 2000 Freedom of Information Act
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Outline the Labour Government's Reform of Election Systems and Regulation of Political Parties - Electoral Commission
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Outline the Labour Government's Reform of the Judiciary - Final Court of Appeal Change
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Outline the Labour Government's Reform of the Judiciary - Transfer of Powers from the Lord Chancellor
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Outline the Labour Government's Reform of the Judiciary - the Rights of the Lord Chancellor
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Outline the Labour Government's Reform of Human Rights - 1998 HRA
WHAT: Came into effect in 2000; established fundamental rights, taking from the ECHR WHY: Felt that the rights of citizens needed to be better entrenched; having a British law would also mean that legal disputes would be resolved first in the UK rather than in the European courts OUTCOME: Incorporated the ECHR into UK law; officially abolished the death penalty, had remained on the statue since 1964 when the last person was killed E.g. 2008 - Max Mosley, F1 President, won substantial damages from a newspaper who had breached his right to privacy by revealing lurid details about his sex life
Outline the Labour Government's Reform of Devolution and Centralisation
WHAT: Devolution of power proposed by the Labour manifesto: NI (1998), Wales + Scotland (1999); introduction of local mayors WHY: Concern that power was too centralised in Westminster; gave power to locals after 18 years of a Conservative Govt mainly elected by English voters; elected mayors introduced to make local decision makers more accountable to the public OUTCOME: Backed by voters in S + W (W more narrowly - given less powers); 1999 Good Friday Agreement; 2004 North-East Referendum voted against (so further plans abandoned); • Introduction of directly elected mayors continued with several other cities, whereas some continued with the council leader model
Outline the Labour Government's Reform of Human Rights - 2010 Equalities Act
WHAT: Follow up to the 1998 HRA WHY: See HRA section OUTCOME: The Act has been criticised for giving judges too much power in deciding on policies; also criticised because the Govt is allowed to derogate if it is doing so to tackle suspected terrorism
Outline the Labour Government's Reform of Human Rights - 2000 Freedom of Information Act
WHAT: Introduced to give the media and Parliament greater access to official reports and documents WHY: Lack of trust in Govt OUTCOME: Leads to more open government; critics acclaim that the statute's lack of scope makes it not as good as it could be
Outline the Labour Government's Reform of the HoC - House of Commons Liason Committee
WHAT: Made up of the chairs of each of the Select Committees of the HoC; takes evidence from PM on matters of public policy and gives evidence to the PM 2/year; decides which committee should scrutinise which proposal in the HoC; recommends topics to be debated in the main Chamber in backbench time WHY: Give backbench MPs more control over the government - the PM would be held accountable by committee chairs OUTCOME: Set up in 2002
Outline the Labour Government's Reform of the HoL
WHAT: Manifesto stated intention to remove all hereditary peers with a view to longer-term reforms WHY: Outdated, undemocratic, reduce strength of Tories to block legislation OUTCOME: 1999 HoL Act - Followed Tory objections, 92 HPs left; 2000 Wakeham Commission - Recommended changes not acted upon (same with 2002 Committee of Parliament) 2007 - House of Commons in favour of a wholly or mostly-elected House of Lords; not followed up on before Labour left office
Outline the Labour Government's Reform of the HoC - 2009 Wright Committee
WHAT: Proposed reforms to the committee structure of the HoC WHY: Committees responsible for scrutinising the government; felt they were not effective because the Govt had too much control over them OUTCOME: Committee structure reformed; party whips lost the power to appoint Chairs of Select Committees
Outline the Labour Government's Reform of the HoC -Independent Parliamentary Standards Authority
WHAT: Sets and regulates MP salaries, pensions, business costs, expenses; publishes all of said claims/expenses WHY: Response to the expenses scandal; aimed to bring trust back; impression that too much power was concentrated in the hands of Govt OUTCOME: Established in 2009; given responsibility for MP salaries in 2010 - MPs had previously votes on this themselves