PAPER 2
The Constitution
Nature and sources of the Constitution
o UK Constitution = unentrenched, uncodified and unitary. Parliament =
sovereign.
o Five main sources of the UK Constitution: statute law, common law,
conventions, authoritative works and treaties.
o An overview of the development of the Constitution through key historical
documents:
Magna Carta (1215)
Bill of Rights (1689)
Act of Settlement (1701)
Acts of Union (1707)
Parliament Acts (1911 and 1949)
European Communities Act (1972)
o Allows the UK to be:
Flexible: easy to change and remain up to date with modern politics –
requires no second procedure. Hence, has been able to decentralise
power – regional devolution (Scotland 1997, Northern Ireland 1998,
Wales) and local demands (London Mayor 2000). However, an unclear
Constitution means it can’t effectively limit government power, which
is the point of a constitution.
Example: 2001, Blair passed the Anti-Terrorism, Crime and
Security Act, holding suspected terrorists indefinitely. Shows
the power of the PM.
Respond to public pressure: government can respond immediately to
public pressure, allowing democracy.
Example: 1997 calls to make the UK more democratic, Blair
was able to respond almost immediately with the House of
Lords Act 1999 which capped hereditary peers at 92 and
introduced a Judicial Appointments Commission. As a result,
the HoL was more credible in scrutinising government; merit
not political links – more neutral.
However, an uncodified Constitution means the PM’s power
isn’t effectively checked. Despite the HoL Act, Blair appointed
203 life peers to pass controversial laws. Accused of creating a
“House of Cronyism”. 2006 – Cash for Honours scandal, Blair
questioned by police about rewarding life peers.
Common law: judicial review – judges can declare laws as
“incompatible”. Led to the 2010 Equality Act. This can openly occur
with an uncodified Constitution. However, judges are unelected and
have no mandate to investigate government. Despite the Supreme
, Court, Parliament is ultimately sovereign and can override their
decision.
How the Constitution has changed since 1997
Under Labour 1997–2010:
o Devolution: Scotland 1997 referendum on a Scottish Parliament – turnout
60.1%, 74% yes → Scotland Act 1998.
Good Friday Agreement referendum 1998 – turnout 81%, 71% yes.
Wales 1997 referendum – turnout 50.2%, 50.3% yes → Wales Act
1999.
London referendum 1998 – approved Greater London Authority with
elected Mayor and Assembly (London Government Act 2000).
Assembly can veto Mayor with 2/3 majority.
However, legitimacy questioned – low turnout for local mayors. By
2016, electorates had rejected elected mayors in 37/53 referendums.
2016 – Sadiq Khan elected Mayor on 45.6% turnout; 56.8% after
second round.
o House of Lords Act 1999:
Reduced hereditary peers to 92.
Successors elected by hereditary peers of the same party.
Although not professional politicians, hereditary peers are expected to
attend, vote and contribute to committee work.
o Human Rights Act 1998 (enforced 2000):
Set out civil liberties of UK citizens.
Gave judiciary powers to protect civil liberties.
Laporta case (2006) – Articles 8 and 10 used to show police acted
illegally in stopping 120 Iraqi protesters reaching RAF Fairford in
2003.
2004 Naomi Campbell case – Article 8 used to show press coverage of
her rehab clinic was illegal.
However, as an Act of Parliament it is not higher law – unlike the
entrenched US Bill of Rights. Parliament = sovereign, can override
HRA.
o Transparency:
Supreme Court (2009) – created by Constitutional Reform Act 2005,
separating judiciary from legislature/executive. Made justice more
transparent.
Freedom of Information Act 2000 – public access to information held
by authorities. Built trust and accountability. 2005–2015 = 400,000
requests.
However, 2019 Liberty report “Policing by Machine” showed
discriminatory police use of algorithms, based on FOI requests.
Under the Coalition 2010–2015:
o Fixed-term Parliaments Act 2011 – set 5-year terms, reduced PM’s power to
call early elections. Criticised for limiting flexibility.
o Further devolution:
Wales – Wales Act 2017.
The Constitution
Nature and sources of the Constitution
o UK Constitution = unentrenched, uncodified and unitary. Parliament =
sovereign.
o Five main sources of the UK Constitution: statute law, common law,
conventions, authoritative works and treaties.
o An overview of the development of the Constitution through key historical
documents:
Magna Carta (1215)
Bill of Rights (1689)
Act of Settlement (1701)
Acts of Union (1707)
Parliament Acts (1911 and 1949)
European Communities Act (1972)
o Allows the UK to be:
Flexible: easy to change and remain up to date with modern politics –
requires no second procedure. Hence, has been able to decentralise
power – regional devolution (Scotland 1997, Northern Ireland 1998,
Wales) and local demands (London Mayor 2000). However, an unclear
Constitution means it can’t effectively limit government power, which
is the point of a constitution.
Example: 2001, Blair passed the Anti-Terrorism, Crime and
Security Act, holding suspected terrorists indefinitely. Shows
the power of the PM.
Respond to public pressure: government can respond immediately to
public pressure, allowing democracy.
Example: 1997 calls to make the UK more democratic, Blair
was able to respond almost immediately with the House of
Lords Act 1999 which capped hereditary peers at 92 and
introduced a Judicial Appointments Commission. As a result,
the HoL was more credible in scrutinising government; merit
not political links – more neutral.
However, an uncodified Constitution means the PM’s power
isn’t effectively checked. Despite the HoL Act, Blair appointed
203 life peers to pass controversial laws. Accused of creating a
“House of Cronyism”. 2006 – Cash for Honours scandal, Blair
questioned by police about rewarding life peers.
Common law: judicial review – judges can declare laws as
“incompatible”. Led to the 2010 Equality Act. This can openly occur
with an uncodified Constitution. However, judges are unelected and
have no mandate to investigate government. Despite the Supreme
, Court, Parliament is ultimately sovereign and can override their
decision.
How the Constitution has changed since 1997
Under Labour 1997–2010:
o Devolution: Scotland 1997 referendum on a Scottish Parliament – turnout
60.1%, 74% yes → Scotland Act 1998.
Good Friday Agreement referendum 1998 – turnout 81%, 71% yes.
Wales 1997 referendum – turnout 50.2%, 50.3% yes → Wales Act
1999.
London referendum 1998 – approved Greater London Authority with
elected Mayor and Assembly (London Government Act 2000).
Assembly can veto Mayor with 2/3 majority.
However, legitimacy questioned – low turnout for local mayors. By
2016, electorates had rejected elected mayors in 37/53 referendums.
2016 – Sadiq Khan elected Mayor on 45.6% turnout; 56.8% after
second round.
o House of Lords Act 1999:
Reduced hereditary peers to 92.
Successors elected by hereditary peers of the same party.
Although not professional politicians, hereditary peers are expected to
attend, vote and contribute to committee work.
o Human Rights Act 1998 (enforced 2000):
Set out civil liberties of UK citizens.
Gave judiciary powers to protect civil liberties.
Laporta case (2006) – Articles 8 and 10 used to show police acted
illegally in stopping 120 Iraqi protesters reaching RAF Fairford in
2003.
2004 Naomi Campbell case – Article 8 used to show press coverage of
her rehab clinic was illegal.
However, as an Act of Parliament it is not higher law – unlike the
entrenched US Bill of Rights. Parliament = sovereign, can override
HRA.
o Transparency:
Supreme Court (2009) – created by Constitutional Reform Act 2005,
separating judiciary from legislature/executive. Made justice more
transparent.
Freedom of Information Act 2000 – public access to information held
by authorities. Built trust and accountability. 2005–2015 = 400,000
requests.
However, 2019 Liberty report “Policing by Machine” showed
discriminatory police use of algorithms, based on FOI requests.
Under the Coalition 2010–2015:
o Fixed-term Parliaments Act 2011 – set 5-year terms, reduced PM’s power to
call early elections. Criticised for limiting flexibility.
o Further devolution:
Wales – Wales Act 2017.
