The Constitution

• Body of fundamental principles, laws and practises for the governing of the country
• Sets out the role of government
• Protects citizens

• It establishes parliamentary sovereignty: makes Parliament the supreme legal authority
  • Make, amend and repeal laws
  • No Parliament can bind its successor

• Places limitations on the use of executive power e.g. Divine Right

• Safeguards against arbitrary government: can’t be subjected to individual will or judgement without restriction

• Prevents the unification of power which is dictatorial: ruler cannot both make and enforce laws (Habeas Corpus, Right to Jury trial)

• Parliamentary Government: Government relies on parliament for its authority and legitimacy. Govt. can only act with the consent of Parliament

1.UNITARY- all laws derive from Westminster; Westminster granted devolution to Scotland and Wales and have the power to remove it

2.FLEXIBLE- it can be changed by statute law; the UK constitution has frequently changed over time as it is uncodified

3.UNCODIFIED- not written in one place, however some are written e.g. the Bill of Rights; it is not entrenched so it is easier to amend 

4.FEDERAL- USA and Germany; Federal applies to the whole country e.g. taxes, war, defence (FBI, CIA in USA). State law is for the discretion of individual states e.g. death penalty, abortion, education ,state taxes

A clause of a constitution which makes amendments either difficult or impossible. 

The UK is not entrenched, as it is uncodified and flexible 

The USA has a written document made up of 7 Articles and 27 other amendments. In order to amend the constitution in America, 2/3 of Congress need to agree and then 3/4 of the 50 states

The Fusion of Powers

• All Cabinet members are MPs
• The PM and Cabinet party sits in the House of Commons
• PM and Cabinet are chosen from HOC- party with the majority (326 seats)

The Judiciary is more separate

• paid from a consolidated fund
• Supreme Court in a separate building
• Judicial Appointments Commission
• Supreme Court not part of the House of Lords

BUT

• Judiciary cannot strike down legistlation (unlike USA)
• Home Secretary can interfere by pardoning criminals 
• Lord Chancellor oversees the judicary

• No one person should be a member of more than one branch of govt – Montesquieu’s ideas

USA

• The executive is elected separate to Congress
• The judiciary is also elected separately 

WRITTEN

• Magna Carta 1215- "The Great Charter" signed by King John
  • Established that everyone was subject to the law
  • No taxation; right to a fair and free trial

• Bill of Rights 1689- signed by William of Orange and Mary
  • changed to a constitutional monarchy

STATUTE LAW

• must be approved by HOC, HOL and the Monarch before they are placed in the statute book
• Implemented usually by the executive and enforced by the court

IMPACT

• Some acts have more significance than others
• Under parliamentary sovereignty, parliament is the supreme law making authority
• Can make, amend or repeal any existing act

EU LAW

• body of treaties, laws and court judgements from the EU
• Basis was provided for by the European Communities Act 1972

IMPACT

• Act gave legal force to existing and future EU Law. Binding without parliamentary assent
• EU Law has precedence over U.K. domestic law. U.K. Law may have to be amended
• UK apply EU Law directly

CONVENTIONS

• rules that are neither codified nor enforced by the courts of law, but are established as the norm of political behaviour
• Long usage gives conventions their authority 

E.g. Salisbury Convention. HOL should not vote down bills that seek to enact a manifesto commitment

IMPACT

• By convention, the monarch must assent to Acts of Parliament or there would be a constitutional crisis. Queen Anne 1707
• dictates that the leader of the winning party becomes PM

• Legal principles that have been developed and applied by U.K. Courts
• The courts interpret the law where there is no clear statute law

IMPACT

• judicial decisions have clarified the rights of citizens in reaction to the state
• Rulings become part of the body of the common law, becoming more important than earlier decisions
• Rulings often serve as a guide to future lawmakers

How it works in theory?

• Parliament is the supreme legal authority
• Can make, amend or repeal laws e.g. Abortion Act 1967 amended by Human Embryology and Fertilisation Act 1990
• No one (courts) may order ride, amend or set aside Parliamentary legislation
• No parliament can bind its successor

How it works in practise?

• Parliament can only pass legislation that fits with EU law- directly 7%
• Members of the UN or NATO which has an impact
• Referendums- direct democracy

How it works in theory?

• Law should govern a nation rather than being governed by arbitrary decisions of individuals
• Cannot be subjected to individual will or judgement without restriction 

AV Dicey

• no person can be punished unless convicted of an offence by a court of law
• Everyone is equal under the law

How it works in practise?

• Terrorism → 2004 Belmarsh Prison
• Media can prejudice until proven guilty e.g. 1970s sex offenders
• MPs are exempt from certain charges under parliamentary privileges e.g. free speech and Ryan Giggs

GENERAL

Successes

•  Gave power to UK citizens  widely accepted
•  Kept the constitution relevant
•  Increased democracy

Weaknesses

• Rise in QUANGOs --> 41% increase
• Piecemeal rather than a coherent whole
• Different levels of election = different voting systems

Successes

• All public bodies must comply with the rights 
• Individuals can take HR cases to UK courts
• Fundamental rights and freedoms of citizens are protected

Weaknesses

• Easily manipulated- in 2001, the UK derogated from Article 5- lawful arrest
• Eroded Parl. sovereignty- judges can strike laws that breach ECHR
• Doesn’t go far enough- unless Parl. has the sovereign power to override ECHR

Successes

• Scotland, Northern Ireland and Wales can make legislation relevant to local areas in matters like education and health

Weaknesses

• Power can be removed- subject to Westminster
• Asymmetric devolution- 3 regions not given the same power: Scotland can vary taxes but Wales cannot

Successes

•  Replaced law lords with Supreme Court (2009)
•  Independent body responsible for appointing judges (JAC)- not the Queen/ PM
•  Separated the position of Speaker of Lords from Lord Chancellor
•  Separated judiciary from the exec. and legislative

Weaknesses

•  Lord Chancellor still has responsibility for the functioning of the courts
•  Secretary of State for Justice and Home Sec can pardon and deport criminals
•  Not complete separation of powers

Successes

•  Gave people right of access to info. about public bodies, government etc.
•  More transparency 

Weaknesses

•  Govt. can veto or refuse requests for information
•  Didn’t come into effect until 2005

Successes

•  PMQs - Once on a Wednesday
•  Reduction in working hrs.
•  Greater scrutiny of govt. legislative proposals
•  Controlled salaries

Weaknesses

• Labour criticized for holding too much control in HOC- imposing strict party discipline
• Undermined Parl. ability to act as a watchdog over executive

Successes

•  Abolished all but 92 hereditary peers (now 88)
•  HOL mainly made up of life peers
•  No one party has a significant majority

Weaknesses

•  Raised questions about what to do with the monarchy
•  Debates about what the function of the HOL should be

Fixed-term Parliament's Act 2011

• Parliamentary elections must be held every five years unless a vote of no confidence occurs or a general election is called before the 5 years

Parliamentary Voting System and Constituencies Act 2011

Part 1) Alternative Voting System Referendum 2011

Part 2) sets out changes to the constituency boundaries

Counter-terrorism and Security Act 2015

• Help the UK respond to the threat of terrorism
• Gives the police the power to temporarily seize a passport at the boarder to investigate an individuals

European Union Act 2015

• Making provision for holding referendum on whether the UK should remain a member of the European Union
• Introduced by Phillip Hammond

British Bill of Rights 

• Theresa May (PM) suggested that the UK replaces the Human Rights Act with a British Bill of Rights

Grammar Schools

• Theresa May proposed that more Grammar Schools should be established in the UK. So far, it has been unsuccessful

Unitary

Advantages

• Straightforward- in one place, not time consuming, no conflict of legislation between federal and state
•  All at Westminster- so it maintains parliamentary sovereignty

Disadvantages

• Unitary system has given the “West” Lothian question (due to devolution) e.g. Tuition Fees 2012
• Doesn’t allow for it to be area specific

Flexible

Advantages

• Can easily adapt to circumstances e.g. Brexit ( no formal amendments)
• Maintains parliamentary sovereignty- no parliament can bind its successor

Disadvantages

• Large majorities in Parl. can easily amend through Acts of Parl.
• Legislation can be “abused”- not set in stone e.g. Article 5 of HRA
• Labour’s constitutional reform- HRA ill throughout

Uncodified

Advantages

• Amendments are easy (US gun laws)
• Codified can date very easily

Disadvantages

• Difficult to understand (US- aware of rights “rights culture”)
• UK judicial review does not follow written rules-complicated
• A codified constitution would overturn ECHR rulings

For

• Sets stricter boundaries on the government- binds Parl.
• Draw together loose ends e.g. Devolution
• Prevents extreme governments
• Help the UK overturn rulings for the ECHR
• Have primacy over decisions made in HR courts
• Easy for citizens to refer to
• Give the constitution greater power over EU (constitutional sovereignty) 
• Clearly sets out legislation so everyone is subject to the same laws

Against

• Less flexible- it is easier to pass an Act of Parl. then amend the constitution (US- 27; gun laws)
• It becomes outdates very quickly- hard to change (US shootings vs. gun laws)
• Our constitution has evolved to meet needs of society at the time
• Country has managed without one, it works. 1689 Bill of Rights
• Magna Carta, BoR and HRA protect the important rights
• Hard to bring all legislation together; common law would be very difficult to codify, who would do it?
• The UK constitution is MASSIVE

Yes

• Executive is challened by Parliamentary Sovereignty- can't pass law without Parliament
• Fixed-Term Parliament Act 2011- Wilson able to increase majority through 1966 GE
• Supreme Court can strike down law under EU law
• Convention- royal assent to all statutes mean sovereignty cannot be undermined
• EU law takes precedent over UK domestic law

No

• Supreme Court cannot strike down laws- only make suggestions
• Can amend the constitution through Statue Law
• Govt. can propose to leave the EU (e.g. Brexit)
• Govt. derogated from Article 15 in 2001
• Constitution is uncodified and flexible- specific powers aren't written down (unlike US: article 1 defines role of the Congress)
• Cameron used statutory instruments- potential use of 1000 after Brexit (Fracking)
• No entrenched provisions- very easily amended esp. with a large majority