UNITARY CONSTITUTION While, in practice, devolution has indeed acted as a constraint on Parliament’s political sovereignty, it is important to remember that, legally, Parliament retains sovereignty. While the Scotland Act (2016) formally recognises the existence of...
JUDICIARY REFORM LORDS REFORM ELECTORAL REFORM
DEVOLUTION Following successful referendums, Parliament devolved substantial power to the newly created Scottish Parliament, Welsh Assembly and Northern Ireland Assembly. The existence of the ‘Sewel Convention’, as it has become known, was recognised by the Scotland...
1. ACT OF SETTLEMENT - (1701) Codified the rules for succession of the throne (monarch had to be CofE and ruled all of UK). It also protected judge’s salaries to ensure that they wouldn’t influence their decisions. - It also decided that to remove a judge the monarch...
UNCODIFIED It is not contained within one single document BUT many aspects are written e.g. the ECHR (European Convon HR). It is not authoritative – same status as ordinary laws, not entrenched, not judiciable – judges can’t declare other bodies to be...
STATUTE LAW Acts passed by parliament. In the US, congress cannot make any ordinary laws that conflict with the higher law of the US Const, however, in the UK, as parliament is sovereign there is no distinction between constitutional and ordinary laws. Important...
DEVOLUTION Introduction of Scottish Parliament (Scotland Act 1998), Welsh Assembly (Gov of Wales act 1998) and Northern Ireland Assembly (NI Act 1998). Introduction of a Greater London Authority which includes a mayor + GL assembly (GLA act 1999) – referendums were...
PARLIAMENTARY Fixed Term PA (2011) – made GEs every 5 years – PM no longer able to call election when advantageous to them. However, HofC can call snap election with a 2/3 vote – as done in 2017. House of Lords Act (2014) – gave peers right to resign/retire and...
AMENDMENT Codified Const would be intentionally difficult to amend: It could be said that Parliament should not be able to make fundamental changes to the constitution w/ only a simple act of parliament – since 1911 Parl. Acts, not even HofL can prevent a govt w/...
FLEXIBILITY Entrenched rights make it hard to react quickly in crises. No changes could be made after the 2012 Sandy Hook school shooting which killed 28 people because of the entrenched 2nd amendment right to bear arms. After the 1996 Dunblane shootings, the UK Gov...
UK LAWS Acts of Parliament protect rights. The Human Rights Act 1998 incorporated ECHR articles into UK law, such as Article 10 (freedom of expression). The Freedom of Information Act 2000 allowed the public to access information held by public authorities, such as...
PARLIAMENTARY SOVREIGNTY Any acts can be repealed because no entrenchment. Parliament is sovereign and therefore can go against the judiciary when they want. In the case A and others v Secretary of State for the Home Department (2004), the Law Lords declared that the...