Constitution Sources of the Constitution:
Statute Law:
- parliament Act 1911- removed the HOLs right of veto
- Represntation of the people’s act 1928
- Scotand Act 1998
Common Law:
- Somerset V Steward- Abolished Slavery
Conventions:
- Salisbury Convention (HOL won’t oppose legislation stated in the winning parties manifesto)
- Collective Ministerial responsiblity
- Allowing the House to vote on deploying miliatry troops
Land Mark decisons:
- Magna Carta 1215
- The Bill of Rights
Authorative works:
- A.V Disex, "introducing to the law of the Constitution"
Treaties:
- Lisbon Treaty
- Maastricht treaty
,Constitution Developments since 1997
1997- 2010
HRA 1998- incorporated ECHR into British law, gave British Citizens positively stated rights
Examples of the HRA protecting citizens rights:
- Article 8 (right to family life) used in AA V Secretary of State for home department (2022)-allowed convicted Nigerian Drug Dealer to
remain in the UK due to British Girlfriend and Child
- MS (Pakistan) V Secretary of State for home department (2020)- SC ruled that the government has a duty to protect victims of
human trafficking
- ZXC V Bloomberg (2022)- ruled that Bloomberg had wrongly released an article about a business who was under suspicion of
criminal activity (protecting individual rights over collective)
- In 2018 the SC declared the 2005 Civil Partnership act incompatible with the HRA-government changed the law in 2019
accordingly.
- Rishi Sunak aimes(aimed) to block UK human rights law to save rwanda scheme
HOL reform
HOL Act 1999- removed all but 92 Hereditary Peers
Devolution
- 1997 referendums in Wales and Scotland
- 1998 Good Friday Agreement
- 2004 North East rejected a regional assembly by 78%
- 1998 London voted in favour of a Greater London Mayor and assembly
- 2000 Local Government Act- allowed local authorities to offer referendums over elected mayors
Electoral Reform
- Scottish Parliament and Welsh Assembly- AMS
- NI- STV
- London Assembly-SV (no longer used as of 2022)
Supreme Court
, - Constitutional reform act 2005- ended the lords judicial function and established the SC
Devolution
Electoral reform
SC
2010-2015
- Fixed Term Parliamnt Act (repealled in 2022)
- 2011 AV referendum ( 68% against, 41% turnout)
- 2014 Scottish independence ref
Reccomandations from the Wright Committee
- Parliamentary Backbench Committee
- Membership of select committes now determined by MPs in a secret ballot not by Whips
- Introduction of E-petitions
Examples of E-petitions:
- 2023 - After over 250,000 people signed the petition, the HOC debated a ceasfire in Palestine
- 2019 - A petition to revoke article 50 and to remain in the EU got 6.1 million signatures
- Mps urged uk govt to launch [public inquiry to assess the effects of BREXIT in a parliamentary debate triggered by a petition.
Devolution:
- Wales Act 2014 and further legislative powers given to Soctland
- Sunaks govt wants to create more elected mayors
2015 Recall of Mps Act:
- lan Paisley 2018- Suspended from Parliament for lobbying on behalf of Syrian Government-recall petition failed with 9.4%
signatures
- Fiona Opasanya, 2019- Custodial sentence of less than a year- successful, recall petition signed by 27.6% of constituency and
replaced by Labour candidate
- Christopher Davies 2019- Misleading expenses- Recall petition successful with 18.9%- stood up for re-election but replaced by
LibDem candidate
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