UK Constitution: Strengths and Weaknesses Flashcards
Strength: Flexibility
- Easy to change due to importance of statute law
- Easier/quicker to introduce Act of Parliament than to amend US constitution
- Not entrenched so relevant and up to date
- Adapts/responds to circumstance
- Devolution = response to rise in nationalism
Strength: Democratic Rule
Parliamentary sovereignty of ELECTED House of Commons. Changes in constitutions occur due to democratic pressure.
Meanwhile powers of UNELECTED House of Lords greatly reduced. Contrast to USA (unelected Supreme Court has a large amount of sovereignty)
Strength: Effective Government
Due to absence of written constitution government has to make decisions- cannot be overturned by judiciary unlike USA.
Examples:
- Attlee’s Labour (1945-1951): NHS, nationalisation
- Thatcher’s Conservatives (1979-1990): privatisation, deregulation, welfare state reform
Strength: History and Tradition
Grown and developed over time. Very organic unlike codified constitutions. Rules and principles have been ‘tested’ over time and have ‘historical authority’
Weakness: Uncertainty
Unwritten elements produce confusion, while codified constitutions offer more concrete guidance.
Weakness: Elective Dictatorship
Once elected, the government can act as they wish and can reshape constitution.
This occurs because:
- We don’t have a codified constitution
- Commons work largely alone (Lords have few powers)
- Commons dominated by single majority party
- Tight party discipline (e.g. whips)
Weakness: Centralisation
- Prime Minister dominates cabinet
- Commons more powerful than Lords
- Executive controls Parliament
- Central government controls local governments
Weakness: Weak Protection of Rights
Only elections force government to respect individual freedoms and basic rights. Traditionally UK unwilling to write down individual rights and freedoms.
