Strengths and Weaknesses of the UK Constitution Flashcards
What are the 3 strengths of the UK Constitution?
Adaptability
Strong Government
Accountability
How is adaptability a strength of the UK Constitution?
It can evolve gradually in the face of changing circumstances.
Pragmatic reforms introduced where there is a clear chase for change mean it can adapt without the need for parliamentary supermajorities or referendums.
How is strong government a strength of the UK Constitution?
The traditional constitution provides for strong and effective government.
Although parliamentary sovereignty dictates the legislature has supreme authority, the executive is where day-to-day power resides.
How is accountability a strength of the UK Constitution?
The government is accountable to both parliament and the wider electorate.
An unpopular government will pay the price at the polls.
What are the weaknesses of the UK Constitution?
Outdated and undemocratic
Concentration of power
Lack of clarity
How is being outdated and undemocratic a weakness of the UK Constitution?
Key elements of common law, notably royal prerogative, date back to medieval times - just as the House of Lords is a throwback to a pre-democratic era.
It is hard to justify the hereditary principle in a liberal democratic state.
How is concentration of power a weakness of the UK Constitution?
Power is concentrated dangerously at the centre and there are few safeguards against the arbitrary exercise of state power.
Parliamentary sovereignty + absence of codified constitution mean key principles of the rule of law aren’t fully protected.
Neither local or subnational government has constitutionally protected status.
How does concentration of power undermine civil liberties and weaken other institutions?
A government with a strong majority can force through legislation.
What did Lord Hailsham call a government with a strong majority being able to force through legislation?
An ‘elective dictatorship’
Why is a lack of clarity a weakness of the UK Constitution?
It is not immediately clear where a government has acted unconstitutionally.
Parliament, controlled by the government of the day, is the final arbiter of the constitution.
The government can even use its control of the legislature to pass new Acts that overturn unfavourable rulings in the courts.
The rights and responsibilities of citizens are poorly defined and entrenched, making it hard for citizens to engage with the system.
