politics paper 2 constitution

purpose of a constitution

-defines emergency powers

-defines distribution of power btw centre,regions and institutions

-defines relationship btw branches of gov: executive,legislature,judiciary

-defines electoral system and legislative process

-specifies limits to gov pwr

-est civil rights and freedoms of citizens

-process of gaining and removing citizenship

how can uk constitution be amended

democratisation

decentralisation

protection of rights

clarification and modernisation

how has uk constitution developed

evolved thru important historical and legislative occurances

conservatives:support this because its “organic” evolved naturally over time.

liberals: sceptical to an extent. argue uk constitution is too vulnerable to temporary executives. can make far reaching changes too easily eg removal of rights

how have the historical developments improved uk constitution

-made uk more democratic(reduced power of monarch+ hofl and sufferage)

-decentralised pwr eu, ind judiciary

-enhanced individual rights and freedoms. abortion act 1967, legalisation of homosexuality, abolition capital punishment

-modernised uk in line w other liberal democracies eg usa france

legal sovereignty vs political sovereignty

legal: express and institutionally recognised right to excersise pwr under law (de jure)

political: practical pwr subject to support of public, media, political pressure.

influence of political factors eg fear of losing next election means those w legal pwr may be prevented from using it.

sources of uk constitution: statute law

law made by parliament. it overrides other laws.

eg human rights act 1998

sources of uk constitution; common law

judge made law. based on precedent and tradition. use previous decisions on similar cases. eg powers contained in royal prerogative(now exercised by pm)

sources of uk constitution: conventions

non legal established rules and behaviour

eg monarch granting royal assent and collective responsibility (all gov ministers openly support all gov policy

sources of uk constitutions: authoritative works

work written by scholars seen as expert in the constitution. outline what is “correct” for uk constituton eg. diceys “an introduction to the study of the law of the constitution”

sources of uk constitutions: eu laws/treaties

eu laws and treaties used to come into conflict w uk law questioning parliamentary sovreignty. eg treaty of rome 1957 and treaty of lisbon 2009

uncodified

constitution not contained within a singke written document

unentrenched

has no specific procedure for amendment