The UK constitution in context

Question 1

what is a state

Answer 1

in international law- refers to 4 things; a permanent population, defined teratory, a government and the ability to enter relations with other state (a representative)

uk domestic law- the government, parliament, and the judiciary

Question 2

4 type of states-

Answer 2

unitary- e.g UK, all power exists in 1 jurisdiction
federal- e.g USA, all states equal and come together
devolved- UK, Local authorities underneath central government, but given power
decentralised- France, regions have powers that the central government cannot override constitutionally

Question 3

the legislature

Answer 3

writes the law (parliament, senedd)
2 types of systems:
unicameral (one chamber e.g republic of Korea)
bicameral (2 chambers e.g UK)

Question 4

the executive

Answer 4

applys the law (his majestys government)
and catches people who do not follow it

Question 5

the judiciary

Answer 5

determines whether the executives actions were lawful
(the courts)

Question 6

what is the purpose of a written constitution?

Answer 6

ivo D Duchacek- ‘power maps’ (explains where power exists, who holds it, relations of the different bodies with power)

constitution- a framework that defines the structure of the state and its powers

Question 7

how are written constitutions created?

Answer 7

a special assembly of the people, usually follows a big event such as war
(written constitution usually suggets how it can be amended)
usually has a preamble that can be used to interpret its clauses

Question 8

examples of written constitutions

Answer 8

USA
USM: article 1- treaties that are entered into become domestic law
PRC: article 1 democratic dictatorship (sovereignty with the people different to UK)

Question 9

where to find the UKs unwritten constitution

Answer 9

sources:
primary and secondary legislation of a constitutional nature (e.g magna carta 1215, HRA 1998)
treaties (e.g the good friday agreement)
common law (judicial decisions of constitutional decisisions)
prerogative (the powers of the crown)
conventions (no legal effect)
textbooks

Question 10

elements of the UKs unwritten constitution:

Answer 10

there is universal suffrage (executive must act within the law and it may be subject to sanctions if it does not)
representative democracy (elect members to represent out constituency)
unitary
devolved
dualist (international treaties does not apply)
bicameral

obiter in Thonburn v sunderland city council 2002- 2 classes of statutes, constitutional (higher importance and cannot be impliedly repealed) and ordinary
acts of parliament (following above) must be expressely repealed to amend constitution

Question 11

defining the 2 constutitons

Answer 11

written- a single document of codified laws
unwritten- a collection of different sources which are not codified

Question 12

advantages/ disadvantages of a written constitution

Answer 12

advantages:
political literacy- to make it clear what the constitution is and to educate the public, as all key provision are contained in a single document

disadvantages:
difficult to amend- germanys written: needs 2 thirds majority votes of the members of the bundestag and the bundersrat

Question 13

advantages/ disadvanatges of an unwritten constitution

Answer 13

advanatges:
flexible- easy to amend (repeal acts of parliament)
responsive to change- USA guns
maintains parliamentary supremacy- USA legislative body need to legislate incompatability with the constitution otherwise nullified (however can argue whether this is actually good) below

disadvanatges:
allows the state to abuse it powers
creates uncertainty

Question 14

3 fundamental ideas of a constitution

Answer 14

artistotle cited in barnetts 2016- three elements to a constitution, if all well arranged the constitution will be well arranged, the deliverative (legislature), the officials (the executive) and the judicial element