component 2: the constitution Flashcards
what is a constitution and types of constitution?
- A set of principles by which a state or organisation is governed, usually including: duties, powers, limits and functions of gov, relationships between the institutions, relationship between the state and individuals.
Types:
- codified - based on a single document that lays down core principles of the system of gov, outlining the duties, pwoers and function of gov, 3 feature: it is authoritative (constitution stands above statute law), it is entrenched, it is judiciable (all bodies are subject to it)
- uncodified: rare,ony 3 countries have it (UK, NZ, Israel), not authortative, not entrenched and not judiciable.
- entrenched: difficult to amend or abolish, mroe complex to amend entrenched laws than ordinary laws e.g. USA requires 3/4 states majority and 2/3 gov majority to amend.
- unentrenched: unentrenched laws can be changed by passing a statute law, changed just like an ordinary law.
the UK consitution
As UK constitution iss not a single document there are a number of sources of it:
1 - statute law - made my parliament. Paliamentary sovereignty impies statute law outranks all other sources of the constitution.
2 - common law: created by judicial rulings and established overtime. It exerts where ther is no statute law or where statute law is vague and used to ensure that the law is constantly evolving.
3 - conventions: these are unwritten understndings about how something should be done but not legally enforceable, helps the consttution adapts to changing circumstances.
4 - works of constitutional authority: authoratative works are books written by constitutional experts explaining how the political syste is run, not legally binding. neededfor 2 reasons: many gaps and confusions in the UK’s uncodified constitution, 2 they say what the constititon actually means. e.g. Walter Bagehot’s: The English constitution (1867).
strengths and weaknessesof uk constitution
strengths:
1 - flexible and easy to change because of statute law and it isn’t entrenched. 2 - democratic rule: the uncodified constitution means authoryt lies in the HOC, so changes come about due to democratic pressure e.g. powers of HOL reduced. 3 - effective gov: gov decisions that are backed by statute law are sovereign alloing strong & decisive action. 4 - organised and tested by time: has evolved over time, not old fasioned.
weaknesses:
1 - lack of certainty: difficult to know what it says as it isnt in a single document. 2 - weak checks and balances: consitutions are supposed to check government but uk has dispersed government power.3 - elective dictatorship: parliament is sovereign but dominated by gov so once govs are elected they can act as they please until next election. 4 - weak protection for rights: no entrenched constitutions means no entrenched bill of rights.
constitutional reforms since 1997
1: devolution:devolved bodies mean gov is closer to citizens they represent so = more accountable BUT threatens the stability of gov e.g. SNP dominance, problems with EVEL.
2: electoral reform: new elctoral systems introduced has been successful for proportionality and representation. BUT participation is disappointing not a higher voter turnout, still no proprtional rep in westiminister elections.
3:more referndums: more direct democracy so people involved more, voter opinion on major issues. BUT undermine parliamentary sovereingty e.g. BREXITand create divisons, only be intittaed by parliamnet not people.
4: human rights act: creates culture of HR awareness as ciizens have clear list of rights. BUT it is not entrenched.
5: freedom of info act: gives citizens right to know info and access to files. BUT gov can reject requests, disrupted governing, minister now concerned over emails sent.
6: hosue of lords reform: lords remain free of electoral limits, mroe assertie in holding gov to account. BUT as lords are appointed it gives more power to PM, removal of hereditary peers doesn’t reduce the size.
constitutional reforms under coalition gov
1: wright reforms to HOC: Backbench BC inroduced giving backbenchers 27 days a year in parliament to determine what would be debated in HOC, keeps parliamentarians in touch with public opinion. Set up to hold gov to account more and give backbenchers a voice.
2: police and crime commissioner: established to ensure effective and efficient policing across areas and make police more acountable. Make a police and crime plan outlining police objectives and budget spending. BUT poor turnout in elections
3: metro mayers - metro mayers introduced linked to northern powerhouse and regernate former industrial area in north. pros: gives one person overall responsibiility for an area, give represenation to regions. cons: low voter turout (20% turnout)
4: English votes for english laws (EVEL): resolve west lothian question, scottish MPs could vote on england but english MPs couldnt vote on scottish laws.
