The UK Constitution

The UK Constitution

What is a Constitution?
1. Codified
  1. Single source
  2. Clear and everyone can access it
  3. Parts of the UK constitution are codified e.g Human Rights Act
  4. US and most other countries
2. Uncodified
  1. UK has a single tier legal system
  2. e.g Israel, UK, New Zealand
  3. May or may not be written down in a single document
3. Entrenchment
  1. Set in stone
  2. Hard to change
4. Characteristics of the UK Constitution
  1. Party control
  2. Party government
  3. Uncodified nature
  4. Has statutes
  5. Unwritten conventions, traditions, common law
  6. Royal prerogative
  7. Parliamentary sovereignty
  8. HOC & HOL
Sources of the UK Constitution
1. Europe
  1. Take some points from the EU
  2. The UK has to fit with EU laws
2. Common Law
  1. Generally acknowledged
  2. Development of laws through historical use
3. Historical Principles
  1. Old so not questioned
  2. Developed over time
  3. Binded on political community
4. Tradition
  1. Always happens
  2. Old so not questioned
5. Parliamentary Statutes
  1. A law passed by parliament
  2. Limits power of HOL
  3. Creates constitutional ideas
6. Constitutional Conventions
  1. Everyone expected to know
  2. Unwritten rule
  3. Binded on political community
Constitutional Reform
1. Labour's Reform
  1. Democratisation
    1. e.g HOL
  2. Decentralisation
    1. Dispersing power away from the government
  3. Restoration of rights
    1. Human Rights Act
  4. Modernisation
2. Parliamentary Reform
  1. Human Rights Act
    1. Active citizenship
    2. Bringing the UK in line
    3. The UK government kept being put before the European court of human rights which was seen as embarassing
    4. Part of devolution settlements
3. Electoral Reform
  1. New labour wanted to change it due to the way teh conservatives are usually quite dominant
  2. Modernise it
  3. Different types used for different things
4. Local Government
  1. Lack of autonomy from central government
  2. Lack of accountability to local electorates
  3. Very low public interest in local gov and politics
Should Britain have a codified constitution?
1. Yes
  1. Would clarify the nature of politics to citizens
  2. 2 tier legal system so laws would be more clarified
  3. Judicial review would be more precise
  4. Would help safe guard citizens rights
  5. Might prevent drift towards executive power
  6. Would bring UK in line with other countries
2. No
  1. Uncodified constitutions are flexible and can adapt to changes easier
  2. Conservatives say it's fine as it is so why change it?
  3. Some UK conventions may be difficult to put into writing
  4. Lack of constraints allows executive government to be strong and decisive
  5. A codified constitution means unelected judges
The British Constitution
1. For
  1. Not heavily entrenched so it is flexible and adaptable, so can be changed in reaction to circumstances e.g women being allowed the vote
  2. The UK has never suffered major political unrest which suggests the constitution is enduring
  3. Parliament / government are not restricted in how they act
  4. Contains traditional elements which help maintain the public's support
2. Against
  1. Lack of restraints of parliament / government could be dangerous on rights
  2. Contains outdated institutions such as unlecected HOL and unecessary monarchy
  3. Government often dominates parliament due to lack of seperation of powers
  4. Many people are ignorant of the constitution due to it's uncodified nature
Devolution
1. For
  1. Growing in popular demand
  2. National regions have different needs to England as a whole
  3. There will be less demands for indpendence
  4. More democratic, gov closer to the people
  5. 'Europe of the regions'
2. Against
  1. May lead to the break up of the UK (conservative concept)
  2. Demand for it is over exaggerated
  3. Creates more government which costs more
  4. May lead to confusion
Judicial Review
1. In codified constitutions it takes place with close reference to the constitution
2. Judges are required to interpret, re interpret or clarify
3. Strictly codified / entrenched constitutions always evolve due to judges new rulings
4. British judges may interpret as they wish however parliament does overrule
5. When judges have made their ruling they have effectively 'rewritten' the constitution
Sovereignty
1. Legal
  1. Ultimate power to make laws that will be enforced
  2. Lies firmly with parliament in the UK
2. Political
  1. Determining what political decisions are made
  2. Government in the UK
  3. Sometimes the electorate when they vote etc.

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	Criado por sallybooth mais de 11 anos atrás