What is the Constitution? Flashcards
What is a constitution?
- A written document agreed on a particular occasion (codified).
- The UK operates without a written constitution and is considered organic, compared to the USA.
What are the functions of a constitution?
Vital aspect of a stable political system:
+ Determines how political power should be distributed - UK is unitary and US is federal.
+ Balances of power.
+ Establishes the political processes and relations with institutes.
+ States the limits of government power.
+ Rights and rules of citizenship.
How can a Constitution be amended?
It provides details on how to amend the Constitution, either through parliamentary statute or slow, natural evolution with society (organic).
Types of sources: Historical principles and authoritative writing
+ Parliamentary sovreignity = establishes the supremacy of Parliament in legislation.
+ Rule of law - all, including government, are equal under the law.
+ Constitutional monarchy = limited role and cannot be involved with politics.
+ O’Donnell Role of 2010 = explains how coalition governments are formed.
Types of Sources: Common Law
- Most concern principles of rights and justices - replaced by the European Convention of Human Rights.
- Some of parlimentary powers and procedures are contained in common law.
- Definition of homicide resides in common law.
- States PMs’ perogative powers that are exercised on the monarch’s behalf - not codified.
Types of Sources: Traditions
Practices and traditions developed over centuries - not written in the standing order.
- Style of debate is ‘cut and thrust’.
- Green colour in the Commons and Red in the Lords.
- Upon electing a new speaker, they are physically dragged to the chair by MPs.
- Each sitting begins with Christian prayers - read by the Commons’ Chaplain or a Lords’ senior bishop.
Types of sources: conventions
- Salisbury Convention = House of Lords cannot block any legislation that appears in the governing party’s manifesto (elected mandate).
- Collective responsibility = all govt members must support the official policy in public, or face dismissal/resign or suspension for national debate.
- Govt formation based on election = monarch invites the leader to form the govt.
Types of source: statutes
- Equal Franchise Act 1928 = established equal voting rights for men and women.
- Human Rights Act 1998 = incoperated the ECHR into UK Law.
- House of Lords 1998 = abolished all but 92 hereditary peers in the House of Lords.
- Fixed Term Parli 2011 = replaced the PM’s power to call election randomly - only 5 years unless vote of no confidence.
Explain what parliamentary sovereignty is?
Parliament has supreme power (Lords and Commons) to pass laws and legislation.
- Cannot be overridden by any other body.
- No current or prior parli can bind future parliaments.
Separation of Powers in the US
Three separate branches of constitution = equal distribution of power
- Executive (President)
- Legislative (Congress and Representatives - 100 senates, two per state).
- Judiciary (Supreme Court and Judges).
Fusion of power
- Combined branches of power
- Judicary (separate since 2005).
- Legislative (Commons and Lords with 650 MPs).
- Executive (Govt of 360 - drawn from legislative).
