the constitution

Edexcel Alevel politics uk government the constitution

What is a constitution?

The fundamental system of rules specifying how a state is governed

Outlines: the structure and powers of government

What is a codified constitution?

Located in a single document

Inflexible/entrenched

What is an uncodified constitution?

Located in a variety of sources

What is special about the UK constitution?

It is evolutionary rather than revolutionary

How has the balance of power shifted in the UK?

The monarchy and divine right of kings

The aristocracy

Parliament

The people

What are the sources of the UK constitution?

Statute law

What are the principles of the constitution?

Parliamentary sovereignty

What 2 aspects are the most important principles?

Parliamentary sovereignty and the rule of law

These are described as the "twin pillars" of the constitution by Dicey in 1885

What is parliamentary sovereignty?

Parliament can pass any law it wants

What is the rule of law?

The relationship between the state and individual is governed by law

How has Parliamentary sovereignty taken precedence over the rule of law?

Parliament can pass any law it wants therefore can technically override the rule of law

Elective dictatorship

What is a constitutional monarchy?

The Queen is head of state but is neutral and has limited powers

Government is taken through parliament but presided over by the monarch

The Queen gives royal assent to bills

What is a unitary state?

Ultimate legal sovereignty is retained in the centre (Westminster)

What is a federal state?

Sovereignty is divided equally in two parts: national (federal) governments and the regional (state) government

What are the reasons for constitutional reform?

Decentralisation

What constitutional reforms did New Labour make?

The Freedom of Information Act

What is the Human Rights Act?

This codified the ECHR into UK law

What are the strengths of the HRA?

It is a positive assertion of rights

What are the weaknesses of the HRA?

It is not entrenched so legislation can be removed as Parliament is sovereign

It has established an unhealthy

What is the Freedom of Information Act?

Provides public access to information held by public authorities

Public authorities are required to publish information

Members of the public are entitled to request information about their authorities

What are the strengths of the FOI?

Success with the expenses scandal

Altered the UK's climate of secrecy for the better

More transparency surrounding historic actions of the British government

What are the weaknesses of the FOI?

Costs can be significant

The Constitutional Reform Act 2005: Background

Traditionally

What did the Constitutional Reform Act 2005 do?

Reformed the Lord Chancellors role: no longer head of English judicial system

no longer speaker of the Lords

this was passed to the Lord Speaker

Established the Supreme Court

What are the main effects of judicial reform?

Created a clear separation between senior members of the government and the judiciary

Removed the danger of judicial appointments based on political views

What did the House of Lords Act 1999 do?

Removed all but 92 hereditary peers

What reform was there to Select Committees under New Labour?

Chairs are elected by MPs across the Commons

What reforms took place under the 2010-2015 Coalition?

The Fixed Term Parliament Act set general elections to be every 5 years

What reforms have taken place under the Conservative governments since 2015?

City devolution outside of London: Manchester gained control of its Health and Social care budget

Arguments FOR a codified constitution: An opportunity to modernise and clarify the powers/checks and balances of the state

Modern developments in politics are very different to historical ones and the checks and balances currently in place are no longer effective

Powers should be clarified for the modern challenges of devolution and Brexit

Devolution has caused pressure on the relationship between Westminster and the devolved bodies

Brexit has strained the constitution

Arguments FOR a codified constitution: To protect human rights

The HRA currently isn't enough has it isn't an entrenched Bill of Rights so can be removed with a simple majority

An increasing amount of information is being held by the state

Arguments FOR a codified constitution: To end periods of elective dictatorship

Government domination undermines the twin pillars of the constitution

Arguments FOR a codified constitution: The process of codification has already begun

Much of the work has already begun so why shouldn't it be finished?

Reform has already begun on devolution

Arguments FOR a codified constitution: Education and citizenship

A codified constitution would be an easily accessible point of reference for citizens

Arguments AGAINST a codified constitution: Checks and balances already exist

UK tradition have guaranteed democratic

Arguments AGAINST a codified constitution: Doesn't allow flexibility

The UK constitution can quickly adapt to changing circumstances as no special procedures are needed to pass acts

Codified constitutions fossilise and age

Arguments AGAINST a codified constitution: Effective government

Government decisions cannot be overturned/struck down by the judiciary

The parliamentary system usually means government gets their way via a majority

Arguments AGAINST a codified constitution: Reform has already been introduced

HRA

Arguments AGAINST a codified constitution: Could lead to judicial tyranny

Handing more power to unelected judges is unfair

The nature of codified constitutions mean the constitution would become judicable

It would drag the courts into politics