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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
Note 
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