McNaughton - Pearson Edexcel A Level UK Government and Politics 6th Edition

The Constitution

What is a Constitution?

  • Defined as the rules of the political game, outlining powers and responsibilities of government and the governed.

  • Acts as a contract between the government and the people.

  • Almost every country operates under a constitution, typically in a written, codified form.

  • Codified constitutions are single, authoritative documents agreed upon at certain points in time.

  • Uncodified constitutions, like the UK, Israel, and New Zealand, consist of various sources evolved over time.

Functions of a Constitution

  • Distribution of Political Power: Defines how power is allocated within the state (e.g., federal vs. unitary systems).

  • Balance of Power: Establishes the relationships and powers among government institutions (e.g., Prime Minister, Parliament, and judiciary).

  • Political Process Facilitation: Outlines the relationships between institutions, shaping how they operate.

  • Limits on Governmental Power: Defines bounds of governmental competence. The UK Parliament's competence is notably unconstrained.

Objectives of the Chapter

  • Explore the historical development of the UK Constitution.

  • Understand the meaning and significance of political constitutions.

  • Learn the distinct characteristics of the UK's constitution.

  • Examine constitutional reforms in the UK since 1997.

  • Analyze strengths and weaknesses of the current system.

  • Investigate debates on constitutional codification and devolution.

Key Terms

  • Constitution: A framework for sovereignty and governmental relationships.

  • Codified/Uncodified: Codified is contained in a single document; uncodified consists of various sources.

  • Unitary/Federal: Unitary means power is centralized; federal divides power among national and regional governments.

UK Government

Parliamentary Sovereignty

  • Definition: Parliament is empowered to make, amend, or repeal any law without restriction.

  • Constitutions in other democracies (e.g., USA) limit governmental power through written provisions.

Rights Explicitly Stated

  • Constitutions often assert citizen rights against governmental overreach, often encapsulated in a Bill of Rights.

Nationality and Territory

  • Constitutions also define citizenship and the territorial boundaries of the state.

Amendments and Uniqueness of the UK Constitution

  • UK Constitution allows amendments via simple statutes, conventions, or new legal decisions, contrasting with other nations requiring strict procedures.

Historical Development of the UK Constitution

Significant Milestones

  1. Magna Carta (1215): Established rule of law; limited monarch's powers.

  2. Bill of Rights (1689): Affirmed parliamentary supremacy; limited monarch's power in governance.

  3. Act of Settlement (1701): Regulated succession to the monarchy; established the monarch’s rule over the UK.

  4. Acts of Union (1707/1801): Merged England and Scotland into Great Britain; established a unified Parliament.

  5. Parliament Acts (1911 & 1949): Limited House of Lords' legislative powers; established Commons' supremacy.

  6. European Communities Act (1972): Integrated EU law into the UK system; notable pre-Brexit.

  7. European (Notification of Withdrawal) Act (2017): Facilitated UK's exit from the EU.

Importance of the UK Constitution

  • It is unique; not codified, reflecting a vast collection of laws, practices, and conventions.

Key Principles of the UK Constitution

Characteristics

Uncodified

  • Lacks a single document; consists of written statutes, conventions, and traditions.

  • Comparison: Codified constitutions have distinct formal arrangements.

Unentrenched

  • Amendments do not require special procedures; any Parliament can change the Constitution easily.

  • Example: Human Rights Act (1998) was enacted via ordinary Parliamentary procedure.

Unitary System

  • Political power is centralized in Parliament; devolution creates quasi-federalism but retains ultimate sovereignty.

Parliamentary Sovereignty

  • Definition: Parliament holds ultimate power, not bound by previous or subsequent parliaments.

  • Types of Sovereignty: Legal, Political, Popular, and Pooled — focus on the concept and implications of sovereignty in the UK.

The Rule of Law

  • Ensures all individuals and institutions, including government, are accountable to the law.

  • A critical component of democratic governance in the UK.

Sources of the UK Constitution

Categories of Sources

  1. Statute Law: Laws passed by Parliament; supreme authority in the UK.

  2. Conventions: Unwritten rules guiding political actions but lack legal standing.

  3. Authoritative Works: Scholarly texts that interpret constitutional principles (e.g., writings by Blackstone and Dicey).

  4. Common Law: Evolved from legal precedents and traditions; addresses areas not covered by statute.

  5. Treaties: International agreements impacting domestic law; e.g., the European Convention on Human Rights.

Constitutional Reform since 1997

Motivations for Reform

  • Improvement of the political system addressing past failings and adapting to new political realities.

Aims of Reform

  1. Democratisation: Elimination of undemocratic processes.

  2. Decentralisation: Dispersal of power to regional governments.

  3. Rights Protection: Integrating human rights provisions into UK law.

  4. Modernisation: Update outdated practices to enhance political efficacy.

Evolution of Reform

  • Reforms in response to prior changes and events, influencing the course of UK constitutional development.