用戶:Politics Notes on the UK Constitution - 修訂歷史

Hinnia：Hinnia移動頁面用戶:Politics Notes/沙盒/憲法筆記至用戶:Politics Notes on the UK Constitution

2023-12-30T04:40:35Z

Hinnia移動頁面用戶:Politics Notes/沙盒/憲法筆記至用戶:Politics Notes on the UK Constitution

←上個修訂		於 2023年12月30日 (六) 12:40 的修訂
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Hinnia：/* Rights */

2023-12-30T04:39:20Z

Rights

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 |Freedom of Information Act 2000: Gave greater access to information held by public bodies
 |-
-| rowspan="5" |Devolution
+| rowspan="7" |Devolution
 |The Scottish parliament with primary legislative and tax-raising powers
 |-
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 |-
 |Elected Mayors in some English authorities
 |-
 |Electoral Reform
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 |-
 | rowspan="2" |Parliamentary Reform
-|All but 92 hereditary peers removed from the Lords
+|All but 92 hereditary peers removed from the Lords (HoL Act 1999)
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 |Limited reforms to the workings of the House of Commons
 |-
 | rowspan="4" |Judiciary
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 |Changes to the role of the Lord Chancellor
 |}

Politics Notes 於 2023年12月27日 (三) 14:21

2023-12-27T14:21:54Z

←上個修訂		於 2023年12月27日 (三) 22:21 的修訂
第171行：		第171行：
	***to pass new Acts that overturn unfavourable rulings in the courts		***to pass new Acts that overturn unfavourable rulings in the courts
	***Making it difficult for citizens to engage with the System		***Making it difficult for citizens to engage with the System

			== New Labour and Constitutional Reform 1997-2010 ==
			Labour emerged victorious from the 1997 GE after promising a program of constitutional reform that was driven by 4 interlocking themes

			=== Modernisation ===

			* The existing institutions like Parliament, the executive branch, and the civil service were seen as outdated and inefficient
			* So reforms were proposed to make them more effective and up-to-date.

			=== Democratisation ===

			* The goal was to encourage greater participation in the political process.
			* This would be achieved through
			** electoral reform
			** making the voting system fairer
			** and increasing the use of referendums to involve citizens directly in decision-making.

			=== Decentralisation ===

			* Power and decision-making authority would be devolved to new institutions, giving more control to local governments.
			* The aim was to enhance the role and influence of local communities in shaping policies and making decisions.

			=== Rights ===

			* The rights of citizens would be strengthened and safeguarded

			{\| class="wikitable"
			\|+
			!Area
			!Reforms
			\|-
			\| rowspan="2" \|Rights
			\|Human Rights Act 1998: Incorporated the ECHR into UK Law
			Rights protected by the HRA include:

			* 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
			* Right to Marry and Start a Family
			* Freedom from Torture and Degrading Treatment
			* Freedom from Discrimination

			The HRA requires the British Government to ensure that legislation is compatible with the ECHR.
			\|-
			\|Freedom of Information Act 2000: Gave greater access to information held by public bodies
			\|-
			\| rowspan="5" \|Devolution
			\|The Scottish parliament with primary legislative and tax-raising powers
			\|-
			\|The Northern Ireland Assembly with primary legislative powers
			\|-
			\|The Welsh Assembly with secondary legislative powers
			\|-
			\|A directly elected Mayor of London and the London Assembly
			\|-
			\|Elected Mayors in some English authorities
			\|-
			\|Electoral Reform
			\|New electoral systems for devolved assemblies, for the European Parliament and for elected mayors
			\|-
			\| rowspan="2" \|Parliamentary Reform
			\|All but 92 hereditary peers removed from the Lords
			\|-
			\|Limited reforms to the workings of the House of Commons
			\|-
			\| rowspan="4" \|Judiciary
			\|Constitutional Reform Act 2005
			\|-
			\|Supreme Court started work in Oct 2009
			\|-
			\|New judicial appointments system
			\|-
			\|Changes to the role of the Lord Chancellor
			\|}

172.71.215.9：建立內容為「==Constitution== '''Outlines how a country or society is structured'''. Includes laws, rules, and customs that guide the political system. Establishes important government institutions. Decides who has the power to make decisions. Safeguards the fundamental rights of citizens through a Bill of Rights. Prevents the government from abusing its power. Puts limits on the government through checks and balances. ==Codified Constitution (e.g.US)== A sing…」的新頁面

2023-12-27T13:46:32Z

建立內容為「==Constitution== *'''Outlines how a country or society is structured'''. *Includes laws, rules, and customs that guide the political system. *Establishes important government institutions. *Decides who has the power to make decisions. *Safeguards the fundamental rights of citizens through a Bill of Rights. *Prevents the government from abusing its power. *Puts limits on the government through checks and balances. ==Codified Constitution (e.g.US)== *A sing…」的新頁面

新頁面

==Constitution==

*'''Outlines how a country or society is structured'''.
*Includes laws, rules, and customs that guide the political system.
*Establishes important government institutions.
*Decides who has the power to make decisions.
*Safeguards the fundamental rights of citizens through a Bill of Rights.
*Prevents the government from abusing its power.
*Puts limits on the government through checks and balances.

==Codified Constitution (e.g.US)==

*A single document that serves as a '''reference point''' for how the country functions.
*Can't cover every little detail.
*Instead, it provides a '''basic framework''' that other rules can be built upon.
*It's commonly seen in countries that
**have recently gained independence or
**have experienced periods of authoritarian rule, war, or occupation.
*The provisions in a codified constitution are usually difficult to change and require special procedures
**Like a supermajority in the legislature
**Or approval through a national referendum.
*Hence are often seen as inflexible or rigid.

==Uncodified Constitution (e.g. UK)==

*Unlike a single document, the constitution in the UK is '''not contained in one place'''.
*Instead, it can be found in '''various sources'''
*Which is why it's often described as "'''unwritten''',"
**Although this term can be '''misleading'''.
*The constitution in the UK is shaped by '''''Common Law''''' (decisions made by judges)
**and some provisions can be found in '''''Statute Laws''''' (laws passed by Parliament).
*An Unwritten constitution is generally more flexible
**because it can evolve and adapt over time without requiring strict procedures for amendment.

==UK's Uncodified Constitution==

*The UK's constitution can be changed through an '''''Act of Parliament'''''
*Parliament has the ultimate power to make and overturn laws.
*This is known as '''''Parliamentary Sovereignty'''''
**Where Parliament has '''legislative supremacy'''
***And can pass or repeal any law it wants
****As long as it is not physically impossible.

==Sources of the UK Constitution==

===Statute Law===
*Laws created by Parliament
**'''''Great Reform Act 1832'''''
**'''''Human Rights Act 1998'''''
**'''''House of Lords Act 1999.'''''

=== Common Law ===
*Legal principles developed and applied by UK courts.
*'''''Judicial review''''', where senior judges clarify or establish legal positions
**In the absence of clear statute laws.
*It also includes customs and precedents that have become legally binding.
*'''Royal Prerogative'''
**Stuff the King used to do but doesn’t do anymore
**Traditionally included the rights to
***Appoint ministers and choose the PM
***Give '''''Royal Assent''''' to Legislation
***Declare war and negotiate treaties

=== Conventions ===
*Rules or norms of behaviour that are '''considered binding'''
**Even though they are '''not legally enforceable'''.

=== Authoritative Works ===
*Legal and political texts written by experts
**'''''A Treatise on the Law, Privileges, Proceedings and Usage of Parliament (Erskine May)'''''
**'''''The English Constitution (Walter Bagehot)'''''

*While they do not have formal legal status
**they are widely accepted as '''reference points''' for understanding the constitution

=== International Law and Treaties ===
*The UK was subject to EU Law until December 2020
**EU laws had a '''significant influence''' on UK governance.
*The government's responsibilities under international law, through treaties and conventions
**Continue to be an important source of constitutional law.

== 4 Key Principles ==

=== Parliamentary Sovereignty ===
*Cornerstone of the UK Constitution
*'''Sovereignty''': Legal Supremacy
*Westminster is the '''supreme law-making body'''
*Constructed around three interconnected propositions
**Parliament can legislate on '''any subject''' it chooses
**Legislation '''cannot be overturned''' by any higher authority
**'''No parliament can bind its successors'''

=== Rule of Law ===
*Defines the relationship between the state and its citizens
**Ensuring that state action is '''limited and responsible'''
*According to '''''A.V. Dicey''''', had 3 main standards
**No one can be punished without trial
**No one is above the law, and all are subject to the same justice
**The general principles of the constitution
***such as personal freedoms
***result from '''judge-made law'''
***instead of statute law or executive order

=== Unitary State ===
*Although the UK consists of 4 constituent parts
**England, Scotland, Wales, Northern Ireland
**It has been a '''highly centralised''' state
**in which legal authority is retained by Parliament
*In a unitary constitution
**Subnational institutions do not have autonomous powers that are constitutionally protected
**Regional government may be weak or non-existent
**Local government has little power

=== Parliamentary Government Under Constitutional Monarchy ===
*'''''Constitutional Monarchy'''''
**A system in which the monarch is the '''formal head of state'''
**But his legal powers are '''exercised by government ministers'''
*'''''Parliamentary Government'''''
**A political system in which '''government takes place through parliament'''
**And in which the executive and legislative branches are '''fused'''
*'''''Cabinet government'''''
**A system in which executive power is '''vested not in a single individual'''
**But in a cabinet whose members operate under the doctrine of '''collective responsibility'''
*'''''Prime-Ministerial Government'''''
**A system in which the '''PM is the dominant actor'''
**And is able to '''bypass the cabinet'''

== Strengths and Weaknesses of the UK’s constitution ==

=== Westminster Model ===
*A form of government exemplified by the '''British Political System'''
**'''Parliament is sovereign'''
**'''Executive and Legislature are fused'''
**'''Political power is centralised'''

=== Strengths ===
*'''Adaptability'''
**Evolved gradually in the face of changing circumstances
**Conservatives tend to view the constitution as an '''“organic”''', Living body of rules
**Rather than an artificial creation
*'''Strong government'''
**Provides for '''strong and effective government'''
**Doctrine of parliamentary sovereignty dictates that the legislature holds supreme authority
***but the executive is where day-to-day power resides ''de facto''
**This is because the process of government is conducted by political parties
***The cabinet is party based
***The governing party generally exercises '''significant control''' over the legislative process
**The Government is therefore able to implement most of its political objectives
*'''Accountability'''
**Although it holds considerable power by virtue of its control of the legislature
**The government is '''accountable to both parliament and the electorate'''

=== Weakness ===
*'''Outdated and undemocratic'''
**Key elements date back to mediaeval times (Common Law)
**Hard to justify the hereditary principle in a liberal democratic state (Lords)
*'''Concentration of Power'''
**Power is '''concentrated dangerously''' at the centre
**There are '''few safeguards''' against the arbitrary exercise of state power
**Parliamentary sovereignty and the absence of a codified constitution
***Mean that even the key tenets of the rule of law are '''not fully protected'''
**A government with a strong majority can force through the legislation
***Undermining civil liberties+Weakening other institutions
**Neither local nor subnational government has constitutionally protected status
*'''Lack of clarity'''
**The uncodified nature creates problems of clarity and interpretation
**It is not always immediately clear where a government has acted unconstitutionally
**Parliament controlled by the government of the day
***Is the final arbiter of the constitution
**The government can even use its control of the legislature
***to pass new Acts that overturn unfavourable rulings in the courts
***Making it difficult for citizens to engage with the System

用戶:Politics Notes on the UK Constitution - 修訂歷史

Hinnia：​Hinnia移動頁面用戶:Politics Notes/沙盒/憲法筆記至用戶:Politics Notes on the UK Constitution

Hinnia：​/* Rights */

Politics Notes 於 2023年12月27日 (三) 14:21

Hinnia：Hinnia移動頁面用戶:Politics Notes/沙盒/憲法筆記至用戶:Politics Notes on the UK Constitution

Hinnia：/* Rights */