Constitution

Question 1

What is a Constitution

Answer 1

a set of basic principles and laws that states the powers and duties of the government in relation to the people and their rights.

Question 2

What is a codified constitution?

Answer 2

A single, authoritative document that sets out the laws, rules and principles by which a state is governed, and which protects the rights of citizens.

Question 3

What is an uncodified constitution?

Answer 3

A constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.

Question 4

Features of a codified constitution

Answer 4

• Written in a single document (its single source)
• Constitutional laws are superior to other laws, known as “dualism”
• Special arrangements in place so that new constitutional laws can be established or old ones can be amended or removed
• constitutional laws in the codified constitution are superior and safeguarded, they are entrenched.
• The courts, particularly a constitutional court, use the constitution to determine wether the actions of key players/ individuals are constitutional.

Question 5

Features of an uncodified constitution

Answer 5

• Not written in a single document it has a number of sources
• Constitutional laws are not superior to other laws, the method for passing constitutional laws same as passing other laws
• Develop over time and are more flexible
• constitutional laws can be easily changed they are said to not be entrenched.
• Judicial review is limited because there is so singular authoritative document that senior judges can use to determine wether or not an act is unconstitutional.

Question 6

Example of a codified constitution?

Answer 6

U.S. Constitution of 1789

Question 7

Why are codified constitutions formed?

Answer 7

Generally produced at a critical juncture of a country’s history commonly:

• Newley found independence.
• A period of authoritative rule.
• War and/or occupation.

Question 8

Examples of an uncodified constitution

Answer 8

New Zealand and Israel.

Question 9

Sources of the UK constitution?

Answer 9

• Statute law - e.g Fixed Term Parliaments Act 2011, or Human Rights Act 1998.
• Common law - e.g Prerogative powers (Royal Prerogative).
• Authoritative Works - e.g A.V Dicey.
• EU Law or Treaties - e.g cap on mobile phone tariffs 2007.
• Conventions -e.g Individual Ministerial Responsibility

Question 10

Key Principles that underline the U.K Constitution

Answer 10

• Parliamentary sovereignty, that Westminster is the supremacy law-making body.
• The Rule of Law, defining the relationship between the state and its citizens e.g. no one can be punished without trial.
• A Unitary State, power has been highly centralised in Westminster, even though the U.K is made from 4 countries.
• Parliamentary Government under a Constitutional Monarchy, Gov. ministers are politically accountable parliament and legally accountable to the crown. The Glorious Revolution of 1689 established the supremacy of parliament over the monarchy.

Question 11

Strengths of the UK constitution.

Answer 11

• Adaptability, very easy to amend and adapt.
• strong government, gov. has majority and therefore is easy to pass legislation.
• accountability, an unpopular government will pay the price at the polls, they are accountable to parliament and the crown.

Question 12

Weaknesses of the UK constitution.

Answer 12

• Outdated and undemocratic, key elements e.g. royal prerogative date back to medieval times.
• concentration of power, it is dangerously concentrated at the centre, and are therefore few safeguards about how they exercise that power.
• lack of clarity, due to the uncodified nature, it is difficult to interpret the constitution, and therefore can be unclear wether the gov. has acted unconstitutionally.

Question 13

New Labour and constitutional reform 1997-2010.

Answer 13

X Rights, e.g. Human Rights Act 1998 and Freedom of Information Act 2000.
X Devolution, e.g. a Scottish parliament with primary legislative and tax-raising powers, A Northern Ireland and Welsh assembly, a directly elected mayor of London, and elected mayors in some English authorities.
X Electoral reform, new electoral systems were set up for devolved assemblies, elected mayors, and the European Parliament.
X Parliamentary reform, all but 92 hereditary peers were removed from the House of Lords, but limited reform on the workings of the House of Commons.
X Judiciary, Constitutional Reform Act 2005, Supreme Court started work in October 2009, Changes to the role of Lord Chancellor, and a new judicial appointments system.

Question 14

The Human Rights Act 1998 Details.

Answer 14

• the right to life.
• the right to a fair trial.
• the right to Liberty and personal security.
• respect for private and family life.
• freedom for thought and expression.
• freedom from discrimination
• freedom from torture and degrading treatment

Question 15

What is devolution?

Answer 15

The transfer of certain executive and legislative powers from central government to sub-national institutions.

Question 16

The Conservatives and Constitutional Reform 2010-2014.

Answer 16

• Fixed Term Parliament Act 2011, fixing a general election to take place every 5 years, although there was a ‘get out’ clause.
• Scotland Act 2012, gave the Scottish government the ability to raise or lower taxes.
• Protection of Freedoms Act 2012, an oversight of surveillance and data collection after 9/11 in reaction to terrorists.
• House of Lords Reform Act 2014, aimed at halting the inexorable increase in the number of those eligible to sit and vote in the HoL. 54 resigned under the act, and 4 were removed from non-attendance.
• Wales Act 2014, further devolution to Wales,

Question 17

The Conservatives and Constitutional Reform 2015 onwards.

Answer 17

In the 2015 general election, the Conservative manifesto made few promises regarding constitutional reform.
- Scotland Act 2016.

Question 18

Scotland Act 2016 Case Study.

Answer 18

• New welfare powers to top up and create benefits.
• £4.5 Billion of VAT.
• Aggregates levy.
• Air passenger duty.
• Crown Estate.
• Areas of equal opportunities policy.
• Carers and disability benefits worth around £2.7 Billion.
• Setting the rates and thresholds of income tax.

Question 19

Should the U.K adopt a codified constitution? Evidence to suggest YES

Answer 19

• Logical conclusion of recent constitutional reform.
• Provide greater clarity in what is constitutional.
• Authoritative reference point for courts.
• Set limits on the powers of the state and its institutions.
• Provide greater protection for the rights of citizens.
• Better inform citizens on the values and workings of the political system.

Question 20

Should the U.K adopt a codified constitution? NO:

Answer 20

• Pragmatic adaption has worked well, and is preferable.
• No agreed process for establishing a codified constitution.
• No elite consensus on what it should include.
• Would be rigid and difficult to amend.
• Give unaccountable judges greater political power.
• No popular demand, other issues are more important.