UK constitution
limited government
a system in which the powers of government are subject to legal constraints and as checks and balances within the political system
constitution
'set of laws rules and practices that create the basic institutions of the state and its component and related parts and stipulate the powers of those institutions and the relationship between the different institutions and individuals' (www.tiyurl.com/grxnwu7)
Magna Carta
1215, guaranteed the right to as swift and fair trial, offered protection from arbitrary imprisonment, placed limitations o taxation
bill of rights significance
1689, placed limitations on power of monarch, enhanced the status of parliament, prohibited cruel and unusual punishment
act of settlement
1701 barred roman catholics or those married to roman catholics from taking the throne, resulted in the house of hanoever assuming english throne (paved way for acts of union)
last time monarch refused a bill
1707 Queen Anne refused Scottish Militias Bill
acts of union
1707 united the kingdoms of England and scotland to form great britain governed by westminster
great reform act (statute law)
1832 extended the franchise
Erskine May's A treatise on the law, privileges, proceedings and usage of parliament (authoritative work)
1844 regarded as the bible fo parliamentary practice provides detailed guide to its rules and practices
Walter Bagehot's the english constitution (authoritative work)
1867 sets out role of cabinet and prime minister
A.V. Dicey's An introduction to the Study of the Law of the Constitution (authoritative work)
1885 focused on parliamentary sovereignty and rule of law, describes cabinet government in parliamentary democracy with constitutional monarch
parliment acts (statute law)
1911 established house of commons as dominant chamber
parliment acts
1911 removed the power of house of lords to block oney bulls by imposing a 2 year delay max, 1949 reduced power of lora to delay non-money bulls by a max 1 year
european communities act
1972 act of parliament that formally took UK into European economic community (EEC) incorporate the treaty of rome into UK law making European law superior to domestic law
new labour dates
1997-2010
Scotalnd acts (statute law)
1998 created scottish parliament
fixed term parliaments act (statute law)
2011 established fixed 5 yearly elections in westminster
Tony Blair (1997-2007) constituional reforms
Scotland devolution 1999 (referendums 1997) scotland Act 1998 (could raise or lower UK income tax 1%) Government of wales act 1998 welsh national assembly 1999 good friday agreement Northern Ireland assembly, Single transferable vote (STV) (socotland) 1997 (NI) 1999, freedom of information act 2000 (came into force 2005) human rights act 1998, greater london authority act, parliamentary reform, judiciary
uncodified constitution
a constitution where laws rules and principles specifying how a state is to be governed are not gathered in a single document instead found in a variety of sources some written (e.g statue law) and some unwritten (e.g convention)
asymmetric devolution
a form of devolution in which the political arrangements are not uniform but differ form region to region
westminster model
a form of government exemplified by the british political system in which parliament is sovereign, the executive and legislature are fused and political power is centralised
rule of law
a legal theory holding that the relationship between the state and the individual is governed by law protecting the individual from arbitrary state action
Barnett formula
a mechanism devised in 1978 by the chief secretary to treasury labour MP joel Barnettm translated changed in public spending in england into equivilant changed in the block grants for Scotland, Wales and NI based on population, under formula nations had higher public spending per person than england
parliamentary government
a political system in which government takes places through parliament and in which the executive and legislative branches are fused
constitutional monarchy
a political system in which monarch is the formal head of state but the monarchs legal powers are exercised by government ministers
codified constitution
a single, authoritative document that sets out the laws and principles by which a state is governed, and which protects the rights of citizens
cabinet government
a system of government in which executive power is vested not on a single individual but in a cabinet whose members operate under the doctrine of collective responsibility
prime-ministerial government
a system of government in which the prime minister is the dominant actor and is able to bypass the cabinet
strengths of UK constitution
adaptability (has evolved gradually in face of changed circumstances, pragmatic reforms as un-codified allows it to adapt without a supermajority in parliament conservatives view as 'organic' rather than an artificial creation) strong government (traditional constitution provides strong and effective gov, although doctrine of parliamentary sovereignty dictates that the legislature holds supreme authority within political system, cabinet party based and as party has majority can implement most of its political objectives) accountability (holds considerable power by virtue of control of legislature, gov is accountable to both parliament which scrutinises its activity and the wider electorate, two-party system unpopular party will pay in polls)
bill of rights definition
an authoritative statement of the right s of citizens, often entrenched as part of a codified constitution
How uncodified constitiutions ammended
as not entrenched can be amended by act of parliament, parliamant has legitatice supremacy can pass and overturn laws
what the crowns perogative powers include
can appoint ministers and choose prime minister give royal assent to legislation declare war and negotiate treaties
Quasi-federaliasm
central government of a unitary state devolves some of its power to sunational governments, exhibits some of the features of a unitary state and some of a federal state but in practice instead of one supreme legal authority the centre doesnt make domestic policies for some parts of the state hard for centre to abolish subnational tier of government
union state
component parts have come together through a union of crowns or by a treaty, there is a high degree of administrative standardisation but the component nations retain some of their pre-union features (separate churches or legal systems) political power conc at centre by the component nations have some degree of autonomy (through devolution)
fundamental law
constitutional law is deliberately set above regular statute in terms of status and given a degree of protection against regular laws passed by legislature
entrenched
difficult to change often requiting super majority or approval by popular referendum
royal prerogative
discretionary powers of the crown that are exercised by government ministers in the monarchs name
parliamentary sovereignty
doctrine that parliament has absolute authority within the state, has legislative supremacy, parliament may make law on any matter decisions cant be overturned by any higher authority and it may not bind its successor
conventions
established norms of political behaviour rooted in past experience rather than the law
civil liberites
fundamental individual rights and freedoms that ought to be protected from interference or encroachment by the state
features of codified law
generally found at a critical juncture in a nations history after a war, period of authoritarian rule, independence - constitiution has status of fundamental law placing it above ordinary law made by legislature. speical procedures needed to make amendments as is entrenched need supermajority to change
sovereignty
legal supremacy absolute law-making authority that is not subject to a higher authority
statue law
law derived from acts of parliament and subordinate legislation
common law
law derived from general customs or traditions and the decision of judges
historical documents that are part of constitution
magna carta, bill of rights, act of settlement, act of union, parliament acts, european communities act
what labour promised which meant they came into power
modernisation (parliament, executive and civil service) democratisation (participation in political process encouraged by electoral reform and increase use of referendums) decentralisation (devolution new institutes scotland and wales and local governments) rights (rights of citizens strengthened and safeguarded)
what rule of law means
no one can be punished without trial, no one is above the law and all are subject tot he same justice, general principles of the constitution such as personal freedoms results form judge-made common law instead of parliamentary stature or executive order
west lothian question
posed by labour MP Dalyell in commons 1977, "why should Scottish MPs be able to vote on english matters at Westminster when english MP's cant vote on matters devolved to scottish parliament"
weaknesses of UK constitution
outdated and undemocratic (inefficient, key elements of common law notably and royal prerogative date back to medieval times hard to justify hereditary principle in a liberal democratic state) concentration of power (concentrated at centre few safeguards against arbitrary exercise of state power, as not coifed even key tenets of rule of law not fully protected, if have strong majority can force through legislations undermining civil liberties) lack of clarity (uncodified creates problem of clarity and interpretation unclear if gov acting unconstitutionally, gov can use to overturn unfavourable rulings in court, rights of citizens are poorly defined and entrenched so hard to engage with system)
Four key principles that underpin UK constitution
parliamentary sovereignty, the rule of law, a unitary state, parliamentary government under a constitutional monarchy
judiciary changed 1997-2007
position of lord chancellor retained holder no longer presides over house of lords and no longer head of court system. lord chief justice became had of judicial system (non-political) post of secretary of state for constitutional affairs in cabinet and a new judicial appointments commission set up
devolution
process by which a central government delegates power to another normally lower, tier of government while retaining ultimate sovereignty
failed politics in conservative- liberal coalition
reduce number of mp's refused by lords, equalise size of constituency electorates rejected in wake of lords reform reversal, establish greater power for local governments - little progress
human rights
right to life, right to liberty and personal security, right to a fair trial, respect for private and family life, freedom of thought and expression, freedom of peaceful assembly and association, the right to marry and start a family, freedom from torture and degrading treatment, freedom from discrimination
A 'nation of nations'
said by Vernon Bodganor to describe UK has both centralisation and standardisation wales still has own langauge etc
federal state
state where constitution divides decisions between national (federal) and regional (state) tiers of gov, different tiers of government are protected by constitution one tier cant abolish another, regions within state have distinctive political and often cultural identity (USA and Germany)
5 sources of Uk constitution
statute law, common law, conventions, authoritative works , European union law and treaties
in a unitary constitution what is there
subnational institutions do not have autonomous powers that are constitutionally safeguarded regional government may be weak or non-existent , local government has little power
judicial review
the power of senior judges to review the actions of government and public authorities and to declare them unlawful if they have exceeded their authority
constitutional reform under Brown 2007-2010
wales referendum on issue of enabling assembly to pass primary legislation (2010) st andrews agreement (2007) February 2010 all parties agreed to transfer law and order and security issues to northern ireland executive, parliamentary reform MP expenses scandal led to new system MP's expenses placed in hands of independant commission, supreme court replaced house of lords as final court of appeal and constitutional court in UK
Unitary state
where sovereignty is located at centre, central government has supremacy over other tiers of government can reform or abolish it, it is centralised and homogenous state political power concentrate in central government and all parts of state are governed in same way
