Constitution

What is a constitution?

• Rules and principles for governance
• Every country has one but some are codified and others not
• Most national constitutions include a Bill of Rights
• Guarantee rights of the ruled and limit powers of rulers
• Constitutions can evolve over time as the UK has
• They can also change suddenly eg. USA Independence
• French Revolution

Types of Constitution

• Codified (USA) or Uncodified (UK)
• Rigid (USA) or Flexible (UK)
• Unitary or Federal
• Monarchial or Republican
• Presidential or Parliamentary
• Parliamentary Sovereignty or Sovereignty of the people
• Fusion of powers or Separation of powers

Key elements of the UK constitution

• Uncodified- no single document
  
• Unitary rather than federal- Westminster Parliament makes legislation for all of the UK despite devolution
• Flexible- the constitution can be amended easily unlike the USA and major amendments can be made via an Act of Parliament although this may require a referendum

Sources of the UK Constitution

• Major constitutional documents
• Works of authority
• Statute law
• Royal prerogative
• Common law
• Conventions
• EU Treaties and Laws

Principles of the UK Constitution

• Parliamentary Sovereignty- Ultimate power lies within Parliament and no body has the authority to overrule it. No one Parliament can bind its successor.
• Rule of law- no one is above law. AV Dicey reformed the idea.

-Equality before the law

-No person should be punished except when in breach of law. All laws are published

-Essential liberties are based on common law which evolves over time

• Fusion of powers- the legislature and the executive are…