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UK constitution 2 (Principles of the UK constitution (Sovreignty…
UK constitution 2
Principles of the UK constitution
Sovreignty
Parliament is supreme and has unlimited authority – above the monarch and the church.
Dicey – Only Parliament can make, amend and repeal laws, and any Parliament can overrule its predecessor
Rule of Law
Dicey - Right to trial by Jury for all citizens, regardless of age, race or gender
Nobody is above the law and nobody should be punished unless they break the law
General rights and liberties of citizens are founded in common law (judge-made law) and not in Acts of Parliament
Fusion of powers
Executive (PM & Cabinet/depts.) and Legislative (Parliament – HoC and HoL) are NOT separate
Constitutional Monarchy
The monarch forms part of Parliament – officially ‘The Queen in Parliament’ – as Head of State
Now mainly a ceremonial title
Parliamentary government
Government are elected to legislate for us
Unitary
Ultimate power rests with the Government and Whitehall
Sources of the constitution
Works of authority
Books written by Constitutional Theorists
E.g. Walter Bagehot, The English Constitution, 1867
Acts of parliament
Laws made by the usual Parliamentary process
Not all laws have Constitutional Importance
E.G. Human Rights Act 1998
Royal prerogative
Powers reserved for the Monarch
Now mostly carried out by Prime Minister/Government
E.g. .Honours, Signing Treaties, Royal Assent
Parlimentary customs & constitutional conventions
Traditions which have been established over time
E.g. Prime Minister is the leader of the majority party
Common law
Judge made law – developed through the Courts
E.g. Murder
EU law
EU makes Regulations, Directives and Court Decisions
UK Law has to follow EU Law
E.g. 13% of UK Laws between 1994-2014 passed to follow EU obligations
Weaknesses of a constitution
Lack of clarity
Not one set document to allow actions/policies to be deemed unconstitutional
No court in order to check the activities of Government and whether they endanger civil liberties
Concentration of power
Too few checks and balances in place to check the activities of the few at the centre
Government with a strong majority can pass any law it pleases – even if it goes against the rule of law
No formal separation of powers
Outdated
Royal Prerogatives and House of Lords status pre-date the modern era
Undemocratic
Conventions are unclear
Strengths of a constitution
Adaptable
Can adapt quickly to changing circumstances in society
Evolutionary
Tried and tested as it has evolved over time
Provides Strong Government
Government (Core Executive) at the heart of the decision making process
Cabinet formed from the party with the majority in Parliament
Government of the day can implement most of its political objectives
Accountability
Parliament scrutinises the activities of the Government
Voters know who to blame for decisions and exercise their scrutiny at the following election
Arguments for/against a codified constitution
Clear Rules
Limited Government
Neutral Interpretation
Protecting Rights
Education and Citizenship
Rigidity
Judicial Tyranny
Legalistic
Political Bias
Unnecessary