The Constitution

Key Terms
1. Federalism
  1. A method of dividing power between national and sub-national (local or regional) government, so that respective powers cannot be altered through the normal legislative process
2. States
  1. State
    1. A geographical area ruled by one set of political institutions with sovereignty over it
  2. Nation
    1. A geographical area that is the homeland for people that see themselves as a community because of shared culture, history, language etc
  3. Nation State
    1. A body of people who see themselves as having a common identity, usually with many elements of common culture
  4. Unitary State
    1. A state where all ultimate power us held centrally in one institution. The institution can decide to devolve or pass power upwards
3. The Constitution
  1. Constitutionalism
    1. The belief that there should be a defined way in which decisions should be made, which people should stick to
  2. Anti-constitutional
    1. Any group or individual that does not seek change through channels specified in the constitution
  3. Unconstitutional
    1. Any action by the government or an individual which violates the constitution
  4. The Constitution
    1. Rules about how decisions are made in a political system
4. Judical Review
  1. The process by which the judiciary can judge the actions of the executive and legislature according to the constitution
Constitutions
1. Features & Functions
  1. Features
    1. Determines how power is distributed
    2. Establishes political processes and systems
    3. Limits government power
    4. Liberal constitutions should be codified to make people aware of their rights
    5. Can be amended
    6. Establishes how power operates over a territorial area
  2. Functions
    1. Establishes the rule and principles that make the system work
    2. Establishes the distribution of power
    3. States limitations of government power
    4. Contains rules for its own amendments
    5. Outlines the rights & freedoms of citizens
    6. Protects the rights & freedoms of citizens
2. Sovereignity
  1. Parliamentary
    1. The idea that Parliament is the sole law making body in the UK
    2. They say this because people elect Parliament
    3. Parliament can make or un-make any law that it wants
  2. Legal
  3. Political
    1. The idea that wherever legal sovereignty lies, political sovereignty us where the real power lies. Thereore the UK government and the prime minister are politically sovereign
  4. National
  5. Popular
    1. This suggests that the people have some Sovereignty. In legal terms it is not true, but people say it because:: People elect Parliament. parliament is mandated to carry out its manifesto. Referendums are held more often.
    2. Bottom-up approach
  6. Economic
3. Types of Constitution
  1. Codified & Uncodified
    1. Codified (US)
      1. An organised constitution that is stored or written down in one place
      2. Easily accessible by the people
      3. Contains the main principles of how society should operate
      4. May also contain a Bill of Rights
    2. Uncodified (UK)
      1. Partly written or not written in one place
      2. Less accessible to citizens
      3. May be considered as not legitimate
  2. Unitary & Federal
    1. Unitary (UK)
      1. Sovereignty resides in one location
      2. A central sovereign power can overrule all other bodies & restore power to itself
      3. Can give power but also take it back
    2. Federal (US)
      1. Sovereignty is shared with smaller institutions
      2. E.g. The US delegates power to States
      3. Central (federal) authority makes decisions on foreign policy, economy etc
  3. Entrenched & Flexible
    1. Entrenched (US)
      1. Difficult to change
      2. GOOD because... secures the rights of people
      3. BAD because... some urgent changes may take a long time to change
    2. Flexible (UK)
      1. Easy to change
      2. GOOD because... keeps up with changes in society & can react to emergency situations
      3. BAD because... could just as easily & quickly take away people's rights
The UK Constitution
1. UK Strengths & Weaknesses
  1. Strengths
    1. Flexible
      1. HOW
      2. It can be changed through a simple AoP
      3. WHY
      4. Allows for a fast response to changes or shock activities, and lets the UK modernise
      5. EXAMPLE
      6. Firearms Amendment Act - After Dunblane shootings
    2. Resilient
      1. HOW
      2. Because it's flexible, there is no need for change
      3. WHY
      4. It has stood the test of time, so why change it?
    3. Democratic
      1. HOW
      2. It can be changed by elected MPS
      3. WHY
      4. As we are in a democracy, we should be able to democratically change out constitution
      5. EXAMPLE
      6. Pressure Groups etc
    4. Strong Government
      1. HOW
      2. Fusion of powers, collective ministerial responsibility & whip system
      3. WHY
      4. Allows the government to carry out its manifesto with ease
    5. Stable Government
      1. HOW
      2. FPTP creates single-party governments
      3. WHY
      4. Collapse is less likely, allowing things to get done faster
      5. EXAMPLE
      6. Coalitions are very rare
    6. International Co-Operation
      1. HOW
      2. Easily incorprate EU policies
      3. WHY
      4. Makes co-operation with other countries easier
    7. Protects Individual Rights
      1. HOW
      2. Rights are written in common law - we KNOW those rights
      3. WHY
      4. An important function of a constitution is to protect people's rights
      5. EXAMPLE
      6. Right to trial by jury
    8. MISC
      1. Rule of law protects citizens
      2. Provides a clear source of authority
      3. Government is responsible
  2. Weaknesses
    1. Outdated
      1. HOW
      2. There are old, unelected elements
      3. WHY
      4. They are undemocratic - not up to date
      5. EXAMPLE
      6. House of Lords, The Monarchy
    2. Allows a conentration of power
      1. HOW
      2. Government dominates Parliament
      3. WHY
      4. Government can pass any law that it wants
      5. EXAMPLE
      6. GET ONE
    3. Undemocratic
      1. HOW
      2. Unelected institutions
      3. WHY
      4. The UK is supposed to be a democracy - decided by the people
      5. EXAMPLE
      6. House of Lords
    4. Inaccessible
      1. HOW
      2. Uncodified, made from a range of different sources
      3. WHY
      4. People don't know whether their rights are being violated
      5. EXAMPLE
      6. Sourced from unwritten conventions
    5. Unfair to Minorities
      1. HOW
      2. Most of the government are white, middle aged and middle minded
      3. WHY
      4. Allows them to restrict the rights of the minority
      5. EXAMPLE
      6. Gay rights
    6. Relinquishes Sovereignty
      1. HOW
      2. A lot of EU policies are now in UK law, allowing the EU to dictate new laws
      3. WHY
      4. Policies made by the EU may be unsuitable for the UK
      5. EXAMPLE
      6. GET ONE
    7. MISC
      1. Over-powerful executive
      2. Centralised government
      3. Constitutional rules can be easily over-written
2. UK Sources & Principles
  1. Sources
    1. Statute Law
      1. Acts of Parliament
      2. E.g. Human Rights Act
      3. E.g. Parliament Act 1949
    2. Common Law
      1. Traditional laws & case laws
      2. Applied to the protection of basic rights & freedoms
    3. Conventions
      1. An unwritten rule considered binding on politicians etc
      2. Cannot be challenged in law, but are rarely disputed
    4. Works of Authority
      1. Similar to conventions
      2. E.g. the Rule of Law
    5. European law & Treaties
      1. Parts of the constitution from Europe
      2. E.g. European Convention of Human Rights
      3. EU Treaties are effectively part of the UK Constitution
  2. Principles
    1. Parliamentary Sovereignity
    2. Rule of Law
      1. Establishes the principle of equal rights for citizens, and that government itself is limited by legal limitations
    3. Parliamentary Government
    4. Constitutional Monarchy
    5. Royal Prerogative
      1. The ancident, traditional powers enjoyed by the monarch. These powers do not require the sanction of Parliament but are arbitrary. Since 19th Centaury, these powers have been passed on to the Prime Minister
    6. Unitary State
    7. EU Membership
Reform
1. Devolution
2. The EU
3. Labour Reform
  1. Carried out since 1997
    1. Scottish Parliament with varying tax powers
    2. Welsh Assembly
    3. Northern irish Assembly and power-sharing executive
    4. Proprtional Representation for elections to the EU Parliament, Welsh Assembly, London Assembly and Scottish Parliament
    5. Stage 1 House of Lords reform (hereditary peers)
    6. Incorporation of EU Human Rights Act
    7. Independence of the Bank of England
    8. Increased use of referendums
    9. Freedom of Information Act
    10. Expansion of PM's private office
    11. Allow local authorities to hold referendums on whether they want a locally elected mayor
    12. Removing Lord Chancellor powers
      1. No longer speaker of the house
      2. No longer a member of the cabinet
      3. No longer head of the judiciary
    13. Creation of the Supreme Court
  2. Never seriously proposed
    1. Proportional Representation for Westminster elections
    2. Joining the Euro currency
    3. Lowering the voting age to 16
    4. Creation of a directly elected president in Britain
  3. Planned / Passed in/for the future
    1. PLANNED: Stage 2 House of Lords reform (make them elected)
    2. PASSED: Changing rules of succession of the monarchy to give women equal rights to men
  4. Other
    1. Entry to the EU (introduced by a previous government: Edward Heath 1973)
Essay Arguments
1. How well does the UK carry out the functions of a constitution?
2. Have reforms gone too far, or not far enough?
  1. House of Lords
    1. Removal of hereditary peers voting rights
    2. TF
      1. We don't really want an elected chamber. Also, the HoL is widely independent, we may have party affiliation if they become elected
    3. NFE
      1. Stage 2 not yet complete - some people want a wholly elected chamber
  2. Devolved Assemblies
  3. Voting System Changes
  4. The EU
  5. Freedom of Information Act 2005
  6. Constitutional Reform Act 2005
  7. Human Rights Act 1998
  8. Referendums
3. Should the UK's constitution be codified?
  1. FOR
    1. Will protect rights better
    2. Return power from the EU
    3. Enshrine minority rights
    4. Modernise the constitution and improve relationships with the EU
    5. May prevent a further drift towards excessive executive power
    6. Britain would benefit from a 2-tier legal system
    7. Bring the UK in line with most of democracies
  2. AGAINST
    1. May be harder to change
    2. Reduces Parliamentary Sovereignty and the ability to pass a manidesto
    3. The organic constitution has simply developed over time
    4. Expensive & Time-consuming to codify
    5. Important parts are already written down
    6. Empowers un-elected judges to make decisions
    7. Current constitution makes Britain unique & is resilient - why change?