The Structure of the Constitution Flashcards
name 6 key parts of the UKs constitution and affects parliamentary sovereignty
- implications of an uncodified cons
- parliamentary sovereignty in theory vs reality
- eu membership
- HRA 1998
- devolution
- referendums
why do the implications of a codified constitution affect the nature of the constitution
- does not have the status of fundamental or higher law –> can be easily superseded as its status is the same as other legislature laws
- no special procedures for amending the constitution: amended by only an act of parliament
- parliament not a constitutional court determines what is permissible under the constitution –> no definitive criterion for determining what is unconstitutional
parl sov theory vs reality
theory
- p is the supreme law making authority
- it can leg on any subject of its choosing with no restrictio
- leg cannot be overturned by any higher authority
- no parliament can bind its successors (equal status laws easily ameded)
reality
- gov rather than house of C (parl) has largst leg influence
eu mem and parl sov
- eu law has precedence over domestic british law n–> parl sovereignty ??
- parl has the ultimate decision to leave the eu
- brexit returns powers to the parl (uk) and end eu suprem
- probs as some problems need many eu countries working together not in isolation eg migration
HRA 1998 and par sov
- rights in european convention on HR incorporated into uk stat law –> all new laws made compatible with it
- parliament must decide whether to amend/appeal the law, not courts (P SOV)
devolution and p sov
- scotland wales and NI: primary leg authority on devolved issues (health and education)
- west minister has sole authority over reserved matters (uk economy, foreign policy, the const)
- issues arrive with devolution: D law is higher law, so eg scot need a referendum to break free !!
referendums and parl sov
- settle const issues: devolution, electoral reform and eu mems
- parl sov is transferred over to the popular option
- ref are more advisory but legitimacy of parl can be damaged if ignored
strengths of the nature of the UK C
- P SOV:
- given power to elected common people, democracy ! –> exec has day to day de facto power
- power does not reside soley with the monarch and upper class - un cod const:
- no laws are superior
- adaptability: easy to reform laws –> flexible and pragmatic, reflects time period and circumstance (organic body of rules)
- human rights elements - power is spread out and decentralised:
- checks and balances
- gov is held accountable by parl and wider electorate
- judiciary legislative etc
- devolution
weaknesses of the nature of the UK const
- P SOV
- superseded by eu parl
- referendums must be followed or can be voted out
- devolution: other countries have assemblies (independence) = loss of powers - un cod const
- can be rewritten by parl easily, taking away rights etc
–> rule of law is not entirely protected
- no definitive criteria for what is constitutional –> confusing for courts
- citizen rights are poorly defined, leading to low public participation - power is decentralised??
- power is too concen at the centre, gov can act as they please in between elections
- prime min has power over all (appointing leaders etc)
- sov too much?? –> effective dictatorship
- HoL hereditary positions have no place in a lib democratic state
what is the westminister model
parliamentary democracy system originating in the UK
name 8 key features of the parliamentary model
- P SOV
- bicameral leg –> 2 sep houses eg lords and coms
- cabinet gov
- collective responsibility
- majority rule
- first past the post voting
- constitution monarchy
- regular elections
7 pros of the west mid model
- The constitution is uncodified and so
can be easily amended. - The system of representative
democracy means that the government
is held accountable through elections. - The two-party system means that voters
are presented with a clear choice
between the government and the opposition. - Parliament can force the resignation of
the government if it is not fulfilling its duties. - The independent and unelected
judiciary upholds the rule of law but
cannot overturn laws made by the
elected Parliament. - Individual ministerial responsibility
means that ministers must account for
their actions in Parliament. - The electoral system has historically
produced strong single-party
governments so governments can
deliver their promises.
5 cons of the W model
- As the executive dominates the
legislature, a government with a
majority can do anything it wants –
elective dictatorship. - Governments can use legislation to
restrict the rights of citizens, and the
judiciary can do nothing about this. - The concentration of power at the
centre means that politics is not as
responsive to local needs and issues. - There are limited opportunities for
political participation outside of
elections. - Local government is weak.
name 4 key principles of the UK constitution
- psov
- rule of law
- unitary state
- parl gov under a const monarchy
psov
- corner stone of UKC
- Sov: legal authority/supremacy
- Westminister parl = supreme law making body
- constructed around 3 interconnected propositions
- parl can leg over any matter it wants
- leg cannot be overturned by any higher authority
- no parl can bind its successors
BUT not absolute: devolution, eu, cannot make all laws
rule of law
defines relations between state and its citizens; limits states actions and holds it responsible
- cannot be punished without trial
- no one is above the law
- gen principles of const like freedom made common law by judges, not p statue or exec order
- protects equality. courts hold officials accountable. P laws are interepreted and applied by an independent judiciary, can be taken to court
BUT can be technically abolished by the gov but seen as illegitimate and anti-democratic
unitary state
highly centralised eventhough there are 4 countries in the uk –> legal sov retained by W parl
- subnational powers do not have autonomous powers safeguarded by the constitution
- regional gov may be weak or non existing
- local gov has little power
what is the opposite of a unitary state
federalism
what type of state is the UK commonly seen as
a UNION state
- political and cultural differences remain still, it is not a merge
- W, S and NI all joined in different ways and powers are devolved
- weak compared to W gov however
parl gov under const mon
mins are politically accountable to parl and legally accountable to the CROWN –> face electorate verdict every 5 years
- rely on commons majority to survive + enact their programme etc
- power balance shifted with growth of HoC and less HoL and mon power
- cabinet gov –> key in policy making since mid 19th cent
- power to the P min: Prime ministerial gov replaced Cab g arguably
3 similarities between the US and UK const
Important features of both constitutions have emerged in case law (via court decisions) or conventions. –> not described in the const
Individual rights are protected in both countries. In the US this is through the Bill of Rights. In the UK this is through statute law like the HRA 1998.
The US Constitution is federal, with power split between the federal government and states. The UK has become more federal since 1997 since devolution, but Parliament can take this power back at any time as it retains sovereignty.
5 differences between US and UK const
The US Constitution is codified,
and was written in 1787 by the founding fathers.
The US Constitution is entrenched and so can only be changed through process, which is extremely difficult. In the UK,
any law passed by Parliament changes the constitution.
The courts play a far more important role in the US, as they can strike down laws that are ‘unconstitutional’. UK courts cannot overrule Parliament.
In the UK there is fusion of powers as the executive operates through the legislature. In the US the branches of government are strictly separated.
The UK system is parliamentary
and the US system is
presidential.
