Constitution

• Constitution: a body of fundamental principles according to the state. About how the state is governed.
• Evolutionary system: changes over a long time as they evolve they tend to fulfil democratic requirements of the time.
• Revolutionary system: A carefully, clearly designed constitution created after a dramatic overthrow of power.
• Sources of the constitution: Membership of international organisations, statue law, common/case law, royal prerogative, conventions and works of constitutional authority/experts.
• Judiciable: a constitutional court can decide if governments actions or laws are "constitutional", because the constitution is codified.
• Rigid: constitutions which require a lengthy and difficult process to alter.
• Flexible: a constitution where it can be changed relatively easily.
• Unentrenched: a constitution where constitutional laws are no different to statue law, meaning a political body is sovereign and can change the constitution by passing statue law.
• Non-judiciable: judges cannot challenge parliaments ability to make or amend statue law as a constitution is uncodified.
• Entrenched: A constitution where constitutional law can become higher (above statue law), change must be agreed to be in the country's best interest.
• Twin pillars: rule of law and parliamentary sovereignty.
• 1999- Reform of the House of Lords: 92 hereditary Lords were replaced by 92 life peers, modernised the house and limits conservative powers.
• 1998-Human Rights Act: Enshrined European Convention on Human rights in UK law.
• 2009-Introduction of the Supreme Court: the creation of a uk supreme court from the 2005 constitutional Reform Act.
• 2012-House of Lords reform & House of Commons boundary reform: mainly elected house of lords, scraped after a rebellion by all backbench conservative MPs.
• 2011-Elctoral Reform: a referendum for AV voting system (low turnout voted for FPTP)
• UK Constitutional Strengths:

  • Flexibility- nationalise banks in 2008-9 after financial crisis
  • Constitution changes with society
  • Democratic
  • Effective government
• UK Constitutional Weaknesses:

  • Weak rights protection- HRA is not entrenched
  • Centralisation of power- weak checks
  • Uncertainty- individual ministerial responsibility being inconsistently enforced
  • Elected dictatorship?
• Parliamentary Sovereignty:

  • supremacy of statue law over common law
  • absence of rival legislators or codified constitution
  • no parliament can bind its successor
• Rule of law:

  • all people are equal under the law and must obey it
  • the court can hold public officials accountable- ministers
  • parliament makes laws- interpreted by individuals/judges
• Parliamentary Government:

  • fusion of powers between executive and legislature
  • government & parliament= overlap and interlock - elective dictatorship
• Constraints on PS:

  • cant un/make all laws- abolishing elections
  • pressure groups, nations and international organisations (EU)
  • Quasi- federalism (devolved/regional institutions)
  • popular sovereignty- HRA, Referendum
• Constitutional Monarchy:

  • Royal prerogative = monarchy has passed powers to PM
  • The monarch has the right to be informed about major decisions (convention = rare that they will block it)
• EU Membership:

  • Had jurisdiction in trade, agriculture and consumer law
  • Factortame case = established EU laws superior to UK laws
  • British courts must implement EU laws
  • "proceed sovereignty" = 28 states have equal sovereignty (nations have veto's)
  • unions power is in brussels
• Bill of Rights For:

  • codification would educate the public about constitutional reforms
  • entrenchment/codification means an orderly and careful process as well as clearing up conventions
  • would provide a stronger protection of individual liberties
  • a constitutional court would judge parliaments behaviour with a strict set of rules, adding legitimacy to the political process
• Bill of Rights Against:

  • no public demand for it and would be a difficult process
  • Uncodified is flexible adapting to social change
  • a strong executive to take decisions rapidly
  • few codified constitutions are clear
  • would give unelected/unaccounted for judges have power
• Salisbury Convention 1945:

  HoL cant block policy mentioned in a manifesto
• • The constitution is generally thought to have begun with the Magna Carta in 1215.
  • The Magna Carta sets out the principle that no one (including the king) is above the law and sets out the right to a fair trial for all free men.
• • The next development of constitutional significance was the Bill of Rights in 1689. This established the idea that the Monarch’s power is reliant on the consent of parliament and set up frequent parliaments, parliamentary privilege and free elections.
• • The Act of Settlement (1701) gave control over the line of succession to the throne to parliament.
  • The Acts of Union - Acts that established the union of Scotland (1707) and Ireland (1801) with England to form Great Britain. This was the basis of the UK until the devolution reforms in 1997.
• • A budget crisis was created in 1909 when the Lords rejected ‘People’s Budget’ which had a substantial tax increase.
  • In response the 1911 Parliament Act prevented the Lords delaying (financial) other bills for more than 2 years.
  • The 1949 Parliament Act reduced it to 1 year.
• • European Communities Act (1972) entered Britain into the European Economic Community which would later become the.
  • This gave EEC/EU law precedence over UK law in the case of a conflict.
  • The Brexit process involves repealing this act.
• Erskine May is a description of how procedure in the House of Commons and House of Lords has evolved and the conventions that apply. The Speaker regularly cites Erskine May in his rulings and it is often referred to during debate in the Commons.