The Constitution

The Constitution

1. Constitutions

   • Set of rules that:
     • establish the duties, powers and functions of various instutions of gov
     • regulate the relationships between and among the institutions
     • define the relationship between the state and the individual
   • Nature
   • Roles and Functions
     • Establish distribution of power in a political system
     • Estable relationships between institutions + individuals
     • Define and Establish the limits of gov power
     • Specify the rights of indviual citizens and how they are to be protected
     • Establish the territory which comes under the jurisdiction of the gov
     • Establish and describe arrangements for amending the constitution

2. Sources of the constitution

   • Statute Law: Written law passed by an Act of Parliament, enforceable in court, anything affecting how it is governed=part of the constitution but anything else is just statute.
     • Representation of People Act: 1918 Women of property over 30 get the vote, 1928 Anyone over 21 get the vote, 1969 Everyone over 18 can vote
   • EU Law: EU law takes precedent over UK, Important for economic and social legislation,
     • Lisbon Treaty 2007 and Maastricht Treaty 1992
   • Common Law: Original laws concerning civil rights began this way, Not a product of the legislative process, Basis of precedent set in previous cases, Made by judges
     • Freedom of Speech, Judgements made by 1 court of law must be followed by other courts in the future
   • Major works of authority: Nearest to written account that we have of the way the constitution operates, Sources of guidance, Widely recognised, Authorative
     • A.V. Dicey 1885 Parliament is sovereign, rule of law and conventions of the constitution
     • 2010 O'Donnell rules guide how to deal with a hung Parliament
   • Royal Perogative: Tradition, authority from crown not Parliament, Right to declare war, make treaties, give orders to the armed forces, dissolve parliament, appoint ministers and dispense honours
     • Queens speech sets out legislative agenda
   • Membership of interpretational organisations: UK= member of security coucil, United NAtions, NATO, UDHR
   • Conventions: Regularly observed practice appropriate for a given set of circumstances, Set of rules established over time by custom and practice, Collective responsibility of cabinet, Not legally binding
     • Salisbury Convention: Lords cannot obstruct proposal that was ruling parties last election manifesto

3. Characteristics of constitutions

   • Uncodified
     • Not in a single document
     • Different number of sources
     • Not superior to other laws
     • Flexible
     • unentrenched
   • Codified
     • Single document
     • Single Source
     • Constitutional laws are superior to others (dualism)
     • Arrangements to establish new constitutional laws, amend existing ones or repeal unwanted constitutional laws
     • Codified constitutions normally come into existence at one point in time, often after a national upheaval such as a revolution or the establishment of independence from a colonial master
     • Constitutional laws are superior and safegaurded, entrenched, cannot be set aside or changed without special safeguarding arrangements
   • Written
   • Unwritten
   • Flexible
   • Rigid

4. Underlying Principles of the UK constitution

   • Constitutional monarchy: A constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written (i.e., codified), unwritten (i.e., uncodified) or blended constitution.
   • Parliamentary Sovereignty: Legal sovereignty lies with Parliament and that Parliament is the ultimate source of political power.
   • The rule of law: the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.
   • Parliamentary government: government by a body of cabinet ministers who are chosen from and responsible to the legislature and act as advisers to a nominal chief of state.