Flexibility Of UK Constitution

Question 1

What is a constitution

Answer 1

• set of rules and principles
• establishes framework of government
• guarantees rights and freedoms to citizens

Question 2

The UK constitution

Answer 2

• uncodified, means no single authoritative document

- sources of the UK constitution

Question 3

What are the sources of UK constitution?

Answer 3

Legislation
Case law
Conventions
Royal prerogative

Question 4

Argument of essay

Answer 4

UK Constitution has high degree of flexibility

Relatively easy to change via normal legislative procedures

Question 5

For flexibility of the constitution

Answer 5

1. Legislation
2. Case law
3. Constitutional conventions
4. Royal prerogative

Question 6

Legislation

Answer 6

1. No special majorities or procedures needed to pass laws to change constitution. Parliament can amend by enacting a statute via ordinary legislative process
2. Contrasts with US = two thirds majority in Congress needed as well as support from three quarters of individual states
3. Examples of ordinarily-enacted statutes which changed constitution
   - Bill of Rights
   - Parliament Acts
   - ECA & HRA

Question 7

Case law

Answer 7

1. Flexible because decisions in cases reflect discretion courts have in deciding cases & reflect change in moral standards of society
2. Impacts on UK constitution by…
   - Judicial interpretation of statutes may add to or clarify areas of constitution (Factortame)
   - Common law has established and developed key principles in constitution
   - Judicial review

Question 8

Constitutional conventions

Answer 8

1. Rules of constitutional behaviour are not legally enforced yet are considered binding
2. They are non-legal and therefore flexible. Created without delay or formalities associated with formal changes to the legal structure of constitution
3. Examples
   - Royal assent to bills
   - Parliament meeting throughout the year
   - Ministerial responsibility

Question 9

Royal prerogative

Answer 9

1. Powers which were with monarch now legally with monarch but exercised by government
2. Flexible because decisions that affect constitution can be made under RP easily without needing formal procedures
3. Government may take actions under RP without needing to pass AOP
4. Examples
   - Foreign affairs
   - Domestic affairs

Question 10

Against flexibility

Answer 10

1. Statute repeal is difficult
2. Statute enactment is slow
3. Constitutional conventions are deep-rooted

Question 11

Statute repeal is practically difficult

Answer 11

1. Statutes which have had large impact on constitution may be legally repealed
2. In practical sense, it is nearly impossible to repeal without upheaval, meaning constitution is not that flexible
3. Examples
   - ECA 1972
   - HRA 1998
   - Scotland Act 1998

Question 12

Statute enactment is slow

Answer 12

1. Process of changing constitution by enacting new statutes is long
2. High pressures on Parliament’s time = less flexible
3. Examples
   - HRA 1998
   - HOL Reform

Question 13

Constitutional conventions are deep-rooted

Answer 13

1. As not legal, seen as flexible.
2. However, some are too profoundly established within constitution to be removed
3. Examples

• royal assent to all bills passed by Parliament
• queen only acts on Ministerial advice
• Ministerial responsibility

Question 14

Conclusion

Answer 14

1. Is flexible because able to evolve with changing circumstances of era
2. Practical difficulties of effecting constitutional change makes more difficult that first seen
3. However, lack of procedural formalities for constitutional change cannot be ignored, and at heart of flexibility