686728
Description
Mind Map by mcdougallrosie, updated more than 1 year ago
|
Created by mcdougallrosie
almost 11 years ago
|
|
The UK constitution
- 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.
- 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.
- 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.
- 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
Media attachments
Want to create your own Mind Maps for free with GoConqr? Learn more.