Constitution

Question 1

Constitution?

Answer 1

Set of rules hat seeks to establish duties, functions and powers
Regulates the relationship between and among the institutions
Defines relationship between the state and individual (extent of civil liberty)

Question 2

Codified constitution?

Answer 2

Single legal authoritative document- encourages 2 tier legal system
No one is above it (judicable)
Content of it are entrenched (hard to amend/abolish)

Question 3

Uncodified constitution?

Answer 3

Not authoritative- constitution laws have same value as ordinary laws
Not entrenched (same process as enacting statue laws)
Not judicable - judges cannot deem acts to be constitutional/unconstitutional

Question 4

State source of uk constitution

Answer 4

Statue law
Common law
Convention
Authoritative texts
Eu law and regulation

Question 5

Statue law?

Answer 5

Acts of Parliament/primary legislation
Formal and written
Outrank all other forms of the constitution
Eg Constitutional Reform Act 2005 setting up Supreme Court

Question 6

Common law?

Answer 6

Body of law based on tradition, custom and precedent
Created and refined by a case by case basis
Use of precedent where judgements made in earlier similar cases are taking to be biinding
Traditional rights and freedoms (up till passage of Humans Rights Acts)

Question 7

Conventions?

Answer 7

Key unwritten elements within the constitution
as they are non legal they are often ambiguous and wholly undefined
Upheld by political practical circumstances
No legal consequences for ignoring

Question 8

Authoritative texts?

Answer 8

Books that aren’t legally enforceable but help define what is constitutionally proper
Useful for uncodified constitution to clarify constitutional uncertainty
Interpret the constitution
Lack legal authority
Eg A.V.Dicey’s ‘an introduction into the study of the law of the constitution’

Question 9

EU laws and regulations

Answer 9

U.K. Became subject to these laws after joining EEC in 1973
Since then European bodies have grown in importance
Higher status of eu law over uk statue law … Parliamentary sovereignty?

Question 10

Principles of constitution

Answer 10

Parliamentary sovereignty 
Rule of law
Parliamentary government
Constitutional monarchy
EU membership

Question 11

Parliamentary sovereignty?

Answer 11

Legal sovereignty
Can make, unmake and change any law it wishes
BUT… Not politically sovereign - it has the legal right to do so, but not political ability to do so (= popular sovereignty eg w referendums)
Therefore parliament is constrained by media, public opinion and international organisations like EU and UN

Question 12

The rule of law?

Answer 12

Principle that the law should ‘rule’ in the sense that it applies to all conduct/behaviour and covers both private and public citizens
No one is above It (eg Chris froome)
Government is still subject to checks and constraints

Question 13

Parliamentary government?

Answer 13

Fusion of powers betw executive and parliament
Government and parliament are overlapping and interlocking institutions
Government rules through and by parliament- can give rise to elective dictatorship

Question 14

Constitutional monarchy?

Answer 14

During 19th century most of monarchy’s power were transferred to parliament ministers (esp pm)
Monarchy serves as a dignified constitution (widely respected that serve to make political process intelligible to mass of people)
Monarch still holds right to be informed, consulted, to warn and to encourage

Question 15

Eu membership?

Answer 15

EU law is higher than statue law
Some eu bodies (eg EUcommission)have supranational powers - they can impose their will on member states regardless of stance taken by national legislatures
Decline of the ‘national veto’. National veto served to protect parliamentary sovereignty by allowing any members state to block EU/EC measures that threatened vital national interests. But now more decisions made by key EU decision making body, the council of minister, by what is called ‘qualified majority voting’ (no veto)

Question 16

Strengths of uk constitution?

Answer 16

Flexibility
Democratic rule
Effective government
History and tradition (conservative thinkers)

Question 17

Flexibility?

Answer 17

It is not entrenched- can be easily adapted and modified to keep up with the times
Eg introduction of devolution was due to rising nationalism in Scotland and Wales

Question 18

Democratic rule?

Answer 18

Long period of unbroken democratic rule proves that constitutional system works
Importance of parliamentary sovereignty, and supreme constitutional authority vested in the elected House of Commons
Changes to constitution come about cos of democratic pressure (eg powers of House of Lords were reduced through parliament acts due to belief unelected second chamber shouldn’t have power to block policies of gov)
Influence of unelected judges is kept to a minimum

Question 19

Effective gov?

Answer 19

Absence of written constitution means decisions backed by parliament cannot be overturned by judiciary
UK’s system of parliamentary government means that governments usually get their own way
Concentration of power in hands of the elective allows UK government to take decisive action (eg atlee 1945-51= NHS)

Question 20

History and tradition?

Answer 20

Being based on tradition and custom it links present and past generation
Organic constitution - it is constantly growing and therefore has a historical authority
Rules and principles have been tested by time and therefore hopefully shown to work
Most clear in dignified aspects of constitution … Eg HoL

Question 21

Weaknesses of constitution?

Answer 21

Uncertainty
Elective dictatorship (1976 lord halilsam)
Centralisation
Weak protection of rights

Question 22

Uncertainty?

Answer 22

Difficult to know what constitution says
Confusion surrounds many rules because they are not hard and fast
Applies particularly to the constituents unwritten elements eg convention of individual responsibility … Does minister resign if mistake was of civil servants ?

Question 23

Elective dictatorship?

Answer 23

Constitutional imbalance in which executive power is only checked by the need of governments to win elections
Reflected in ability of a gov to act in any way it pleases as long as it maintains control of HoC
Occurs due to sovereign power vested in parliaments hands with no codified constitution to answer
Parliament is routinely dominated by gov of the day
Subordinate status of HoL means lower is exercise by HoC
FPTP means HoCbis dominated by single party
Elective dictatorship allows gov to shape and reshape constitution however it wishes
Once elected U.K. Govs can do whatever they please until next election

Question 24

Centralisation?

Answer 24

Concentration of power within parliament and government, PM dominates cabinet, HoC>HoL, executive often controls Parliament, central gov controls local gov
Constitutional reforms since 1997 have tried to address problem but not enough (eg devolution and HoL reform)

Question 25

Weak protection of rights?

Answer 25

Nothing forces government to respect individual freedom and basic rights
Elections only empower majorities not minorities and individuals
HRA 98 has made it beter by defining rights more clearer and making them easier to defend in court … But HRA can be set aside by parliament … Eg w terrorism legislation

Question 26

Would making a codified Constitution now be possible?

Answer 26

No process through which a written constitution could be introduced … Practically impossible as parliament cannot bind itself or future parliaments
It would likely have to be cross party constitutional convention with referendum
But major parties would disagree about nature and content of constitution
A constitution would effect power of gov, relationships betw parliament and executive, central gov and devolved bodies, judge and politicians and individual rights and freedoms

Question 27

For codified constitution

Answer 27

Clear rules - less uncertainty
Limited gov- cut government down to size. End parliament sovereignty and thus elective dictatorship
Neutral interpretation- policed by senior judges who are ‘above’ politics, they act as impartial and neutral arbiters
Protecting rights - individual liberty is more securely protected, defining relationship betw government and people (easier to enforce rights if they’re clear)
Education and citizenship- highlights central values and overall goals of the political system by creating clearer sense of political identity (eg USA)

Question 28

Against codified constitution

Answer 28

Rigidity- higher law is hard to change, makes it difficult to respond to political environment (Ie modernise)
Judicial tyranny- not best people to police condition as unelected and socially unrepresentative. Interpreted in a way which is unaccountable
Legalistic - dry and properly understood only by lawyers and judges, unwritten ones are endorsed by history and have organic character
Political bias- inevitably biased as they force one set of values or principles in preference to others. Codified constitutions can never be ‘above’ policies
Unnecessary- may not be best way of limiting government power. Improving democracy or strengthening checks and balances may be better

Question 29

Difference between parliament and government?

Answer 29

Parliament is the name given to the two House of Parliament, HoL and HoC and monarch
It contains the government
Our legislative body so makes and revises most of the laws in the UK and influences the government (scrutiny)
It includes all elected members in both houses from both parties and is thought to represent the people

Government contains ministers (eg transport and education). It makes decisions on our behalf - in charge of adminstration and regulation of citizens and is in charge of creating and regulating laws, managing economy and enforcing policies