The UK Constitution

The UK Constitution

1. What is a Constitution?

   • Codified
     • Single source
     • Clear and everyone can access it
     • Parts of the UK constitution are codified e.g Human Rights Act
     • US and most other countries
   • Uncodified
     • UK has a single tier legal system
     • e.g Israel, UK, New Zealand
     • May or may not be written down in a single document
   • Entrenchment
     • Set in stone
     • Hard to change
   • Characteristics of the UK Constitution
     • Party control
     • Party government
     • Uncodified nature
     • Has statutes
     • Unwritten conventions, traditions, common law
     • Royal prerogative
     • Parliamentary sovereignty
     • HOC & HOL

2. Sources of the UK Constitution

   • Europe
     • Take some points from the EU
     • The UK has to fit with EU laws
   • Common Law
     • Generally acknowledged
     • Development of laws through historical use
   • Historical Principles
     • Old so not questioned
     • Developed over time
     • Binded on political community
   • Tradition
     • Always happens
     • Old so not questioned
   • Parliamentary Statutes
     • A law passed by parliament
     • Limits power of HOL
     • Creates constitutional ideas
   • Constitutional Conventions
     • Everyone expected to know
     • Unwritten rule
     • Binded on political community

3. Constitutional Reform

   • Labour's Reform
     • Democratisation
       • e.g HOL
     • Decentralisation
       • Dispersing power away from the government
     • Restoration of rights
       • Human Rights Act
     • Modernisation
   • Parliamentary Reform
     • Human Rights Act
       • Active citizenship
       • Bringing the UK in line
       • The UK government kept being put before the European court of human rights which was seen as embarassing
       • Part of devolution settlements
   • Electoral Reform
     • New labour wanted to change it due to the way teh conservatives are usually quite dominant
     • Modernise it
     • Different types used for different things
   • Local Government
     • Lack of autonomy from central government
     • Lack of accountability to local electorates
     • Very low public interest in local gov and politics

4. Should Britain have a codified constitution?

   • Yes
     • Would clarify the nature of politics to citizens
     • 2 tier legal system so laws would be more clarified
     • Judicial review would be more precise
     • Would help safe guard citizens rights
     • Might prevent drift towards executive power
     • Would bring UK in line with other countries
   • No
     • Uncodified constitutions are flexible and can adapt to changes easier
     • Conservatives say it's fine as it is so why change it?
     • Some UK conventions may be difficult to put into writing
     • Lack of constraints allows executive government to be strong and decisive
     • A codified constitution means unelected judges

5. The British Constitution

   • For
     • Not heavily entrenched so it is flexible and adaptable, so can be changed in reaction to circumstances e.g women being allowed the vote
     • The UK has never suffered major political unrest which suggests the constitution is enduring
     • Parliament / government are not restricted in how they act
     • Contains traditional elements which help maintain the public's support
   • Against
     • Lack of restraints of parliament / government could be dangerous on rights
     • Contains outdated institutions such as unlecected HOL and unecessary monarchy
     • Government often dominates parliament due to lack of seperation of powers
     • Many people are ignorant of the constitution due to it's uncodified nature

6. Devolution

   • For
     • Growing in popular demand
     • National regions have different needs to England as a whole
     • There will be less demands for indpendence
     • More democratic, gov closer to the people
     • 'Europe of the regions'
   • Against
     • May lead to the break up of the UK (conservative concept)
     • Demand for it is over exaggerated
     • Creates more government which costs more
     • May lead to confusion

7. Judicial Review

   • In codified constitutions it takes place with close reference to the constitution
   • Judges are required to interpret, re interpret or clarify
   • Strictly codified / entrenched constitutions always evolve due to judges new rulings
   • British judges may interpret as they wish however parliament does overrule
   • When judges have made their ruling they have effectively 'rewritten' the constitution

8. Sovereignty

   • Legal
     • Ultimate power to make laws that will be enforced
     • Lies firmly with parliament in the UK
   • Political
     • Determining what political decisions are made
     • Government in the UK
     • Sometimes the electorate when they vote etc.