...Assess the strengths of the UK constitution [25 marks] A constitution is a set of principles, that may be uncodified (unwritten) or codified (written), that relates to how power is distributed within a political system, and establishes how a state is to be organised and governed. Constitutions seek to establish duties, powers and functions of various institutions of government and contribute to defining the relationship between the state and the individuals, for example, defining the extent of civil liberty. The UK constitution helps provide legitimacy to those, of which, are in power, but also limits government power. Although the UK constitution is uncodified, as a whole, parts of the constitution are codified, for example, the European Convention on Human Rights is a codified part of British Law, even though it was designed and created by the Council of Europe, in 1950. Firstly, the UK constitution, being uncodified, means that it is flexible and can be easily adapted to changing circumstances, which could include referendum use and the continuous changing role of the House of Lords. The UK constitution is often called 'organic', which means that the constitution is rooted in society, and consequently means that when society and it's values change the UK constitution can adapt and change to society, without delay or hesitation. Furthermore, because the UK constitution is uncodified, it allows Parliament to pass Acts, without long delays and also allows new, uncodified...
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...Parliament Source Questions (6/10) Specification a) Describe three functions of Parliament b) With reference to the source, and your own knowledge, explain why government needs an effective Parliament c) Analyse the main factors that limit the effectiveness of Parliament Jan 2010 a) With reference to source, what changes to the second chamber are proposed? b) With reference to the source, and your own knowledge, explain the arguments for a fully or partly elected chamber c) Make out a case against an elected second chamber Jan 2011 a) With reference to the source, describe two functions of the House of Commons b) With reference to the source, and your own knowledge, explain how the House of Commons can control the power of government c) To what extent is the House of Commons effective in carrying out its various functions? May 2011 a) With reference to the source, describe three proposals that seek to strengthen parliamentary representation by increasing popular participation b) With reference to the source, and your own knowledge, explain how three of these proposals seek to make government more accountable to Parliament c) To what extent will the coalition government’s proposals bring about an effective reform of Parliament? Jan 2012 a) With reference to the source, why are legislative committees needed? b) With reference to the source, and your own knowledge, explain the ways in which backbench MPs can call government to account c) To what extent has the...
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...A constitution is a set of principles, which may be codified or uncodified, that establishes the distribution of power within, that establishes the distribution of power within, a political institution. They limit government jurisdiction the rights of citizens and the method of amending the constitution itself. The UK Constitution is uncodified which means the UK constitution is not organised into singular document, but written in alternative ways for example a Convention. I will talk about the following factors, Executive Power, Modernisation and Flexibility which is the way ill assess the UK’s Constitution Executive Power is a strength of the UK Constitution, due to the UK Constitution being unwritten and uncodified the government can be more powerful and decisive easier as they do have to follow a strict set of rules. For example the 1997 Government rearranged the House of Lords with reforms this was quickly done and this was due to the UK not having a constitution. However, the liberals state that not having a constitution and having a strong government threatens the individual rights, the position of minorities and the influence of public opinion. For example Tony Blair decided in 2005 to declare war on Iraq without consulting the people this led to backlash from the public and protests. However, the General Elections is to choose a representative, one of the perks of having a representative is they can use their specialist knowledge to make decisions on the public’s behalf...
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...It has been argued that a constitution written in the eighteenth century does not work in the twenty first century. The US constitution is codified as it is written in one place and is the supreme law of the United States. Arguments that support the view that the constitution does not work in the 21st century include it giving too much power to the Supreme Court, some provisions being outdated and the amendment process being too difficult in modern context. The two contrasting views can be summed up in the following quotes. William Gladstone quipped that the constitution was “the most wonderful work ever struck off by the brain and purpose of man” while Ruth Bader Ginsburg stated “I would not look at the US constitution if I was drafting a constitution in the year 2012”. One argument that supports the view that a constitution written in the eighteenth century does not work in the twenty first century is the US constitution handing too much power to the Supreme Court. The Supreme Court has made several controversial and contentious decisions which arguably have weak constitutional foundation in cases such as Citizens United 2010 and Roe vs. Wade in 1973. Because there is no appeals process, these decisions cannot be challenged. There is an amendment process that could overturn these decisions but this is difficult to achieve in modern circumstances. The Supreme Court is an unelected body that is given too much power and can make decisions at the expense of elected representatives...
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...Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been the topic of debate...
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...sources of the British constitution (10 marks). As the UK does not have a codified document, we have to look for the key rules and practises of the of the British system in a number of places. Statue law is a law created by Parliament. The acts of parliament always have to be approved by the House of Lords and commons as well as the Monarchs. They will have to gain the force of the law and then try to apply it by the executive and enforced by the courts. If any law includes constitutional relationships it then becomes part of the constitution. A good example of this will be the Parliament Act of 1911 where the dominance of the House of Commons was established. Statue Law is the most important source of the UK constitution as is the supreme law-making body. Common law includes legal principles that have been developed and applied by UK courts. The courts have to clarify the law where there is no clear statue law. Common law is a legal precedent made by judges concerning. Judical decisions have clarified the rights of citizens via the state. UK has an uncodified constitution as it is ‘not drawn up as a single, codified document’ but is found in a number of sources, two of which I have explained. The UK because of its Uncodified constitution is known as a ‘unwritten constitution’. However, much of the constitution in conclusion does exist as a ‘written’ form. There are no formal procedures which are laid down in Parliament for the amendment of the constitution which has adjusted...
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...In the United Kingdom, we have a constitution that is uncodified and therefore not entrenched within our politics. Essentially, this makes it far easier to amend than a codified one and thus some groups have begun calling for such a constitution to be introduced. These groups cite the constitution in the USA, which forms the foundation of all political decisions; if a proposed law is found to go against the constitution, it is rejected. Supporters of a codified constitution for the UK say that this will give citizens inalienable rights which cannot easily be manipulated or even overturned by the government. A constitution is based around a general consensus of what people should be able to do or not do. Constitutional agreement forms the foundations of the concept of a rule of law. In the USA, their written constitution means that the relationship between citizens and the law is clearly defined. If a constitutional law is violated, there can be no debate over it. This means that the law has more authority in the land. However, in the UK, there is not one legal standard of our constitution and thus whether or not it was violated can be questioned. This can potentially lead to a moving of the goalposts – if the constitution is not entrenched, it is easy to change. Therefore it is impossible to hold everyone to the same standard even though the rule of law states that everyone is bound by it, because the government can essentially do what it likes in terms of manipulating or...
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...Should the UK remain uncodified? The UK runs on an uncodified system, this means that the laws are unwritten and are not in one place. In places such as America they have a codified system, this means the laws and rights are written down and have one source, new laws cannot go against these laws. The codified system allows for the country to adapt to the changing world, it also means that after a crisis laws can be changed very easily and quickly. Additionally, the codified system stops tyranny of the judiciary. On the other hand, an uncodified system means that the people's rights are protected and it limits power, it also makes sure that laws cannot be changed whenever they want. One argument for the UK remaining uncodified is because it allows the country to adapt to a changing world. In places such as America they are very much stuck in constitutional times, for example the constitutions says that everyone has the right to bear arms, this would have been relevant back when the constitution was made and they had just gained their independence. Today having a gun is not necessary in everyday life but the are unable to change the law as it is in the constitution. In the UK it is much easier to change the law as there is not a written constitution, for example in 1996 there was the Dunblane shooting, it did not take long for the government to change the gun laws so this would not happen again and they could keep the people safe. This shows how an uncodified system can really...
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...A constitution is a body of fundamental principles or established models according to which a state or is acknowledged to be governed. The UK’s constitution is part-written and uncodified. There is evidence the UK’s constitution is strong and successful, however there is evidence to also suggest that the UK needs constitutional reform. One huge advantage of the UK constitution is its ability to be flexible and change according to modern opinions or issues. An uncodified or unfixed constitution like the UK’s allows it to me able to keep updated with new social and political situations. It easier to create an Act of Parliament according to a new situation, than to amend a codified constitution. For example, in reaction to this idea of ‘new politics’ and the public’s desire to be able to influence the government between elections, lead to the introduction of referendums in 1997. The UKs democracy has withstood the tale of time and is seen as a huge strength of the UK’s constitution. The UK’s constitution is an example of the UK’s custom and tradition linking generations and has been tested in history to prove that it works. The constitution has adapted and developed over time: it is a ‘living’ constitution due to the idea that it is able to grow. In despite of parliamentary sovereignty, there are a number of ways in which the democratic character of the UK is maintained and the power of the government scrutinized and reduced where necessary. For instance, the House of Lords and...
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...1. In general, what is a Constitution? A constitution is the fundamental principles that outline the rules and regulations of the system of a country. 2. Differences between written constitution and none written constitution. Written | None written | Malaysia * Constitution is sovereign * Constitution is stable and permanent * Well defined and can be easily interpreted (single document) * Citizens will feel more at ease because true power lies with constitution not parliament | United Kingdom (UK) * Parliament is Sovereign * Able to adapt to changing social and political environment * Not liable to revolutionary or violent changes * Constitution can be altered during and after the emergency period | Disadvantages: * It is rigid, only reflects the national mind at one particular period. * Does not allow growth and change. | Disadvantages: * Not suited for all nations. | Reasons: * Malaysia is relatively young nation, has much to learn * Not as stable and mature as UK | Reasons: * UK is politically and socially stable nation. * Democracy in UK is not an issue because UK’s law is based upon precedent and tradition. | 3. Are we allowed to amend constitutions? Briefly explain (how and where) Yes, because it is an extremely complicated undertaking as it is within the constitution because it is meant adherence to the procedures that are both complicated and onerous. It is also subjected to four categories, as provided by Article 159 and Article...
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...How does efficiency vary in similar government structures? When one thinks of a government headed by a monarch the first country that comes to mind is almost immediately the United Kingdom. The British throne and the Royal family is one of the most infamous and influential families in the world. In Iran the supreme leader and their family is equally if not more influential and infamous in their own region. While a key difference in their sphere of power is the fact that in Iran their governing body is well spelt out in a written constitution and in the United Kingdom there is no such written constitution. At the same time however the two governments are very similar in the way that they balance their power and leadership through different people and branches of government. Both governments have elected and unelected officials who hold some sort of power. While the UK has been able to balance the power amongst the elected and unelected officials, Iran has struggled to maintain such a balance which has led to and caused the country to be more susceptible to political violence. The UK is simply classified as parliamentary democracy even know they have a monarchy with a figure head who does not really hold any power. Iran, on the other hand is a mix between the traditional ways of Iranian theocracy mixed with a presidential democracy. What is most interesting between these political structures is that although they are similar in the aspect of mixed governments with a balance of...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...“The United Kingdom’s constitution does not provide sufficient protection for the right to protest in the streets. Discuss” The United Kingdoms constitution organises and regulates the power of the state. The difference between the UK and other states constitutions e.g. USA is that the constitution of the UK is not written, but has been passed over generations by the power of ‘word of mouth.’ This is due largely to the fact that the UK has never felt the need to begin a new ‘set of established’ rules largely due to its stability, it can be said that Britain has an ‘uncodified constitution.’ [1] Within the UK constitution, the Prime Minister acts as the executive, so therefore the leader has the power to enact law upon the state. The right to protest is seen as one of the fundamental human rights in the form of a manifestation of a the rights of freedom of speech, association and assembly. It has a statutory basis in Article 10 of the European Convention on Human Rights (the "Convention"), which has been incorporated into UK law by the Human Rights Act 1998. Our opinion of the UK’s police has been one which has been described with bravery and largely courageous attitude The image of protectors springs to mind, they are responsible for upholding the law and deterring away criminals, they also have the right to defend themselves and others in civilised manner and sometimes apparent force becomes necessary. In the instance of large members of the public being...
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...The United Kingdom’s constitution does not provide sufficient protection for the right to protest in the streets The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others. The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets. The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these...
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...recent years there has been much debate within Parliament over the possible codification of the British Constitution and it is always a topic that people often find very hard to agree on. Though some parts of what may be a codified constitution have been introduced, such as The Human Rights Act which established a codified set of rules and the introduction of devolution, Britain is currently uncodified and so this brings up the arguments of whether update the system or not The initial argument for the change is it was remove the transparency of rules and laws, the key constitutional are collected into a single document all clearly stated with great difficulty of alteration. This portrays exactly what the beliefs of Parliament are and restricts law breaking. Not only does this deter people from committing offences but also makes it simple to enforce as every charge wish be on the same wavelength. An argument to contradict this however would be that's not every crime committed is the same so the variation in the punishment given would also have to vary and with the defining of the law there is actually potential for it to become less democratic. Along with this as times are forever changing and technology is being updated, the demand for laws to be amended is crucial as without it people could technically exploit the system ‘legally’. Another bonus of a codified Constitution is the fact that it is authoritative meaning it is a higher-level and so it lines all political institutions...
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