Constitution Notes

What is a constitution? * A constitution is a body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. * A ‘constitutional govt.’ is a govt. that functions according to rules laid down in a constitution * Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system
Codified or uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the judges and courts. 4. Recent developments like the 1998 HRA now protect our human rights therefore the argument for a written one which protects civil liberties is flawed. |

Sources of the UK constitution- 1) Statute law. 2) Acts of parliament-e.g. Parliament ACT 1911 (HOL 2 years)-Human Rights Act 1988 3) Common Law- e.g. Laws developed by judges through the decision of courts setting precedent in areas of conflict or dispute. 4) Royal Prerogative, the power to do some of the traditional actions has been placed to the PM e.g. declare war. 5) Conventions (An unwritten accepted practice)- e.g. cabinet collective responsibility-e.g. The Monarch having to assent to Acts of Parliament. 6) Works of authority, legal and political texts that have become accepted as works of authority on understanding the UK constitution- e.g. A.V. Dicey ‘An introduction to the study of the law of the constitution- No one can be punished without a trial-No one is above the law. 7) EU law, laws passed through the European Union e.g. the Charter of Fundamental Right of the European Union 2000. 8) Parliamentary sovereignty, which has roots in common law and the central doctrine of the UK constitution which states that parliament, is the supreme law making body in the country. Therefore parliament’s decisions cannot be overturned by any higher authority. 9) Rule of Law, a system of rule in which the relationships between the state and the individual is governed by law, protecting the individual from arbitrary state action.

Parliamentary Sovereignty vs. EU law- * The European Communities Act (1972) gave the European Community (EU) law precedence over the UK statute law when the two conflicted. * Undermining the principle of parliamentary sovereignty as the UK parliament was no longer the supreme law making body. * Euro sceptic’s argue it is constitutional that parliament can no longer prevent Euro-wide policies being forced on UK citizens. * HOWEVER The UK can withdraw from the EU if they pass a regulatory statute and a notion of Parliamentary Sovereignty has always been limited in practice by political realities, including international demands.
Rule of Law vs. Anti-terror legislation * Treatment of terrorist suspects under new legislation undermines some elements of the Rule of Law identified by Dicey. * Those imprisoned in the UK under the Anti-Terrorism, Crime & Security Act (2001) were effectively being punished without a trail however this contradicted the EU bill of human rights.
The Unitary State vs. Devolution- * Devolution in 1988 gave Scotland their own Parliament and, Northern Ireland & Wales their own executive Assemblies. * Devolution (Especially to Scotland) will be difficult to withdraw, as it undermines the principle of the Unitary State moving towards a more federal arrangement.
Strengths and weaknesses of the UK Constitution- Strengths | Weaknesses | 1. The Rule of Law protects the rights of citizens. 2. The government is responsible as it is accountable to parliament and the electorate. 3. It is accountable because it is answerable to parliament for its actions an unpopular government is unlikely to win the next general election. | 1. Constitutional rules and conventions are unclear and can be overridden because the UK constitution is uncodified e.g. the convention of ‘Ministerial responsibility’ is unclear as very few ministers resign when serious error appears to have been made. 2. Pre-democratic elements survive e.g. the House of Lords. 3. Power in the UK is concentrated at the centre and a government with a strong majority can force most things through parliament. |

Blair & Constitutional reform 1997-2001- * HOL Act 1999- removed all but 92hereditary peers. * Human Rights Act 1998 incorporated most clauses other the European convention of Human Right into UK law and meant that citizens could seek redress in the UK courts without having to go to the Euro. Court of Human rights in Strasbourg. * Freedom of Information Act * Devolution and Decentralisation.