Block 2 - Unit 3

Nota:

• At its most basic, a constitution is: a set of rules about the structure and power of a government of a state; a set of rules about the basic rights and freedoms of citizens of the state. They are fundamental aspects of any society as they provide structures which determine who has the right and power to make and enforce the law. But stye are not static documents and constantly evolve.

1. Provide a legal framework and create the structure of the state
2. Regulate who does what within the state
3. Outline how governments are formed and what powers they have
4. Set out how politicians are elected

Nota:

• The monarch is the Head of State and has political and legal influence, although the government exercises the power.

Nota:

• Supreme constitutions have a national legislature which can alter the powers of subordinate legislatures. The UK has an unitary constitution - Westminster Parliament can legislate for any part of the UK.
• A federal constitution exists where the constitution divides powers between a federal government and individual states. There is a national constitution but each state ill also have its own constitution. The United States is an example of this.

Nota:

• The UK's constitution has been developed over a number of centuries on a piecemeal basis and is not contained ib one complete document. Indeed, the constitution is uncodified. It is classed as unwritten because a number of key elements are not contained in any Acts of Parliament,

Nota:

• Our constitution is flexible, largely because it is unwritten. To amend any aspect of a written document would require a compelling reason and there are rules to make the process slow, to allow time for contemplation. However, our constitution conventions (being unwritten) change gradually as change itself becomes accepted. In this way, our constitution can adapt and evolve in response to those changes.

Nota:

• Constitutional Statutes are designed to play an important role in the constitutional framework by providing a stable framework, and they tend to have wider and significant impact on the state. They are fundamental to the country.

1. main written part
2. seen as legal sources
3. include: Magna Carta 1215, Bill of Rights 1689, European Communities Act 1972

Nota:

• Defined as: 'understandings, habits or practices which though stye may regulate the ... conduct of the several members of the sovereign power ... are not in reality law at all since they are not enforced by the courts.' Examples: The Prime Minister must be a member of the House of Commons; Ministers of State are both individually and collectively responsible.

1. unwritten
2. non-legal sources
3. traditional expectations created by informal rules of behaviour and rules of administration

Nota:

• Royal Prerogative powers are now exercised by the democratically elected government. Parliament has no influence on these powers but is able to influence political developments in the UK (domestic affairs) and abroad (foreign affairs).  Examples of prerogative powers: the power bro declare war/peace; the power to pardon offenders, appoint ministers or summon parliament.

1. legal sources
2. historical
3. powers relate to: the legislature, judicial system, foreign affairs, armed forces, appointments and honours, in times of emergency
4. retained by Crown: appointment of Prime Minister, the giving of royal assent to legislation

1. structure, strengthen and guide the legal and political aspects of society; underpin the constitutional framework
2. rule of law
   1. no one stands above the law

      Nota:

      • Regards everyone as equal. This includes the government. However, some state institutions are given more powers than the citizen (e.g. the police), in order for the state to function.
   2. no punishment unless a rule has been broken

      Nota:

      • Presumes a proper procedure in front of the courts. It also states that a person, in order to be punished, has to have breached the law. So the law must be public and not secret.
   3. the creation of principles via case law

      Nota:

      • Engages with the idea of precedent. Higher courts can form precedent by making a decision on a case which then must be followed by lower courts.
3. parliamentary sovereignty

   Nota:

   • A key principle for the constitutional framework of the UK and it is unique to a common law system.
   1. Westminster Parliament

      Nota:

      • Westminster Paarliament is the highest law-amknig authority in the UK - it is sovereign. It can make and unmake any law, it cannot be bound by decisions of past parliaments and it cannot bind future parliaments. It is the most powerful institution in the constitutional framework, however even Parliament can be held accountable for its actions. Parliament is accountable to the electorate - the citizens that vote in elections.
4. separation of powers

   Nota:

   • Powers referred to are those of the state which relate to legislation, administering , or governing the state.
   1. executive

      Nota:

      • The state institutions that apply the law (government, police etc.)
   2. legislative

      Nota:

      • Refers to Parliament as the sovereign law-making authority.
   3. judiciary

      Nota:

      • The complex system of the courts.