The UK constitution

The UK constitution

1. STRENGTHS

   • FLEXIBILITY: The UK constitution is flexible and easy to change. This occurs in particular because of the importance of statute law. Flexibility arises from the fact that the UK constitution is not entrenched. Therefore it remains relevant and up to date. This occurs because it can adapt and respond to changing political and social circumstances.
   • DEMOCRATIC RULE:The UK’s long period of unbroken democratic rule is often seen as evidence of the strength of its constitutional system. The reason why the constitution has a democratic flavour is because of the importance of parliamentary sovereignty. In the UK’s uncodefied constitution, supreme constitutional authority is vested, ultimately in the elected house of commons. Changes to the constitution therefore often come about because of democratic pressure.
   • EFFECTIVE GOVERNMENT: Supporters of the UK constitution often argue that it helps to make UK governments stronger and more effective. This occurs for two reasons… - given the absence of a written constitution, government decisions that are backed by parliament cannot be overturned by the judiciary. - The UK’s system of parliamentary government usually means that government get their ay in parliament. This concentration of power in the hands of the executive within the parliamentary system allows the UK governments to take strong and decisive action.
   • HISTORY AND TRADITION: A key strength of the constitution is that being based on tradition and custom, it links present generations to past generations. Because of the role of common law and conventions in particular, the UK constitution has developed and grown over time giving it an organic character. The benefit of an organic constitution that I based on custom and tradition is that It has historical authority. This can be seen most cleary in relation to the ‘dignified’ aspects of the constitution, such as the monarch and the house of lords.

2. CRITICISMS

   • UNCERTAINTY: It is sometimes difficult to work out what the constitution says. Confusions surround many constitutional rules because they are not hard and fast. This applies particularly for the constitutions unwritten elements. E.g. the convention of individual ministerial responsibility. It is difficult in such cases to escape the conclusion that the constitution is made up as we go along
   • ELECTIVE DICTATORSHIP: In practice the UK’s constitution gives rise to the problem of ‘elective dictatorship’ this is a constitution imbalance in which the executive power is cheaked only by the need of governments to win elections. It draws attention to the fact that once elected UK governments can more or less act as they please until they come up for re- election. The problem of elective dictatorship is that in concentrating power in the hands of the executive it allows the government of the day to shape and reshape the constitution however it wishes. This creates the impression that in effect the UK does not have a constitution.
   • CENTRALISATION: A further target of criticism is that the UK has an over centralised system of government with weak or ineffective checks and balances. One of the key features of liberal democracy is that government power is limited through internal tensions between and amoungst government bodies. The UK government is characterised by the concentration of power rather than its fragmentation. This can be seen in many ways… - The prime minister tends to dominate cabinet - The house of commons is more powerfull than the house of lords - The executive ususally controls parliament - Central government controls local government
   • WEAK PROTECTION OF RIGHTS:Another criticism of the UK constitution is that it provides weak protection of individual rights and civil liberties. This concern arises from a traditional unwillingness to write down individual rights and freedoms, to give them legal substance. Individual freedoms in the UK traditionally rested on ‘residual; rights that were supposed to be part of common law. The human rights act has changed this however it stops short of being an entrenched bill of rights as its provisions could be set aside by parliament, as has occurred, for instance over terrorism legislation.

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