Unit 1: Government and Politics: The Constitution

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• Act of Parliament Enforceable in courts Example: - Parliament Act 1911 and 1949 Takes precedence over all other sources BUT there are consequences of signing EC Act 1972

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• Devlopment of laws through historical tradition and usage enforced by judges (case law) Precedent examples - original law on civil liberties. Most principles replaced by statutes.

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• Unwritten rules considered binding on all members of the political communityHowever not legally enforced, operate according to tradition and customRelate to exercise of powers by governmentExample: Fixed term Parliament

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• Prerogative powers of the monarch = set of rules & privilages that in the past were performed by the monarch By convention: - now performed by ministers, especially PM, in his or her name.

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• Books by constitutional theorists - cited to establish appropriate procedures e.g Erskine May - Parliamentary practice Constitutional theorists - have also established historical principles e.g. Blackstone - parliamentary sovereignty

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• EU law is binding on all members and takes precedent over domestic law Britian also bound by EU treaties e.g. Amsterdam Treaty 1997 Judgements made in the European Court of Justice

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• For example the USA – single authoritive  document Entrenched – difficult to change Clearly outlined rules of Branches of Government Judiciable – the judiciary may be needed to interpret the meaning of the constitution

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• For example the UK – not authoritive – single tier legal system. Not entrenched – easy to change – just needs to pass through legislature (Parliament) Not judiciable – Supreme Court cannot change laws ratified by the legislature

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• In USA, constitutional amendments need: 2/3 majority – congress Ratified by ¾ states Supreme Court can affect the meaning of the constitution through the law

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• The UK – it is easier to pass/ change laws through the legislature. Example: the Human Rights Act 1998 – means UK constitution stays up to date. However some aspect of the constitution resistant to change – such as centralisation or government

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• Power/ sovereignty rests with UK parliament at Westminster. Power may be handed down to devolved bodies but in theory it can be taken back by Westminster.

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• Power/ sovereignty is spread out – the USA States have their own constitution and laws. The relationship between the federal government & state is defined by the constitution  It can be a major issue because each state can differ on laws on how peoples rights are protected.

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• Protects us from all authorities becoming over mighty On 2 October 2000, the HRA has made rights from the ECHR came enforceable in our own courts.