Constitution Flashcards
What are the purposes of the UK Constitution?
- set out rules and regulations within which governments operate
- establish composition, powers and function of institutions of state
- regulate the relations between institutions of the state
Features of the UK Constitution
- parliamentary sovereignty
- uncodified
- unitary
- flexible
- fusion of powers
Sources of Constitution
- common law
- statute law
- conventions
- authoritative works
- EU Law
What is common law ? Give an example.
the legal principles laid down by judges
e.g. the presumption that a person accused of a crime is innocent until proven guilty
What is statute law ? Give an example.
body of law passed by parliament
e.g. 1998 Scotland Wales and NI Act created devolved legislative bodies
What are conventions ? Give an example.
customs and practices that do not have legal force
e.g. royal prerogative / individual ministerial responsibility / collective ministerial responsibility
What are authoritative works ? Give an example.
textbooks that explain the political system
e.g. Walter Bagehot’s ‘The English Constitution’ distinguished ‘dignified’ and ‘effective’ sections of constitution
Give an example of EU law in the UK Constitution
Maastricht 1992
What does uncodified mean?
the UK constitution is not in a single legal code or document
it comes from a number of different sources
What does being unentrenched mean?
the UK constitution is easily altered
no special legal procedure like in the US
What does being ‘unitary’ mean?
the sovereignty is contained in central government
Give a quote to describe the nature of the UK Constitution
‘partly written and wholly uncodified’
What are the disadvantages of the uncodified nature of the UK constitution?
- reflects the mood of the time
- difficult to amend e.g. difficulty of Brexit
- weak governments e.g. Blair faced 0 defeats between 1997 and 2005
Name the developments of the UK Constitution
- Magna Carta
- Bill of Rights
- Acts of Settlement
- Parliament Acts 1911 and 1949
- European Communities Act 1972
How did the ‘Bill of Rights’ develop the UK Constitution?
- created notion of parliamentary sovereignty
- parliament must meet frequently
- elections must be free and fair
How did the ‘Acts of Settlement’ develop the UK Constitution?
- monarch existed on parliament’s term
- monarch subordinate to Parliament
How did the ‘Parliaments Act 1911 and 1949’ develop the UK Constitution?
1911 - Lords could block bills for two years
1949 - reduced Lords ability to block bills to one year
How did the ‘European Communities Act 1972’ develop the UK Constitution?
- British Law subordinate to EU Law
- Impacts Britains control over immigration and trading
What effect would a codified and entrenched constitution have on the public?
- educate them about constitutional issues
- promote greater respect for political institutions
- greater clarity about the rights of citizens and the power of governments clearing up any uncertainty
How would a codified constitution mean greater clarity about the rights of citizens and the powers of government?
it would clear up the uncertainty arising from conventions governing the power of the PM / the circumstances in which a minister should resign / what happens in the event of a ‘hung parliament’ with no clear election winner
What effect would a codified and entrenched constitution have on civil rights?
- create a Bill of Rights
- provide stronger protections of individual liberties than the current Human Rights Act (e.g. control orders 2005)
What effect would a codified and entrenched constitution have on the amendment process?
- would not make it impossible to amend the constitution
- would instead entail a more orderly and careful process
- would reduce the chances of a government pushing through ill considered chnages
How does an uncodified constitution fail to keep check on the government?
with an uncodified constitution there is tendency for governments to push the boundaries of what is political possible therefore increasing their own power
How would a constitutional court increase the legitimacy of the political process?
a constitutional court would be staffed by senior judges with expert knowledge would be able to assess the constitutionality of actions by parliament and the executive judging their behaviour by a clear set of rules
What is the public response to reforming the constitution to one that is entrenched and codified including a bill of rights?
- almost no public demand for this kind of change
- it would be extremely difficult to find consensus on what to include in a codified constitution
- such a project would probably entail years of debate and consultation
What are the positives of an uncodified constitution in a modern society?
- allows for greater flexibility
- the uk constitution is seen as an organic entity
- able to adapt to political and social change
(the examples of this are the constitutional reforms since 1997 which prove that the UK constitution is able to absorb change)
What are the negative impacts of a codified constitution on the government?
the government would otherwise be unduly constrained by a codified constitution
wouldn’t be able to rapidly take decisions in changing situations e.g. countering the threat of terrorism
How can the UK Constitution be argued to still provide clarity though it is uncodified?
Much of the historic constitution is written with acts of parliament and authoritative works providing clear guidance
Few codified constitutions are self explanatory and they require extensive interpretation
Who would a codified constitution put too much unjustified power in the hands of?
unelected unaccountable judges who may be out of touch with public opinion
