The Uk Constitution

1. Determine how political power should be distributed within the state

2. Establish the political processes that make the system work

- Relationships between institutions and the rules that govern how they operate

3. States what the limits of governmental power should be

- UK Parliament has no limits

4. Assert the rights of the citizens against the state

- Most countries that claim to be democratic have a bill of rights

5. Establish the rules by which nationality is established

- Who is entitled to be a citizen and how outsiders may become citizens

6. Contains within itself rules for its own amendment

- UK Constitution changes through simple parliamentary statute and through the slow evolution of unwritten rules

Two tier legal system

- Codification means that there are two levels of law, higher laws which are those that concern constitutional arrangements and are safeguarded and entrenched, and lower laws which are ordinary laws which normally can be changed without special procedures

Single tier legal system;

- The constitution in the UK is not written in one single document and makes no distinction between constitutional and other laws

Sources of the UK constitution

- Parts of the UK Constitution are codified, teh European Convention on Human Rights is part of British law and is a codified document. Similarly Treaties of the European Union are codified documents that describe the relationship between Britian and the EU

The device that protects the constitution from short term amendment. Constitutions are deemed too important to be placed in the hands of a temporary government. A country must be sure that constitutional changes meet two tests: one is that there is widespread popular support for it; the other is that it is in the long term interests of a country.

The UK's constitution is unentrenched as parliament is sovereign and an individual parliament cannot be bound by its predecessors. All parliament has to do to amend the constitution is pass a new parliamentary statute

- David Cameron's plans to scrap the HRA and replace it with a British Bill of Rights

Constitutional changes are increasingly done with support from a referendum

- Failed AV referendum

- Devolution referendums

It is often needed for courts to interpret the meaning of some of a constitutions terms which is usually the result of a citizen or association challenging an action or law made by a public body on the grounds that it breaks constitutional law. Judges are constantly being called on to re-interpret and re-evaluate the meaning of parts of a constitution and example of this could be the supreme court in the US currently deliberating on whether anti same sex marriage laws go against the US constitution. Judicial review does occur in the UK despite judges not having a codified constitution they can just interpret laws and actions in light of the ECHR or one of the many constitutional laws and conventions that exist within the UK but parliament has the ultimate power to overrule them and declare what the constitution means to them

The current uncodified constitution is flexible and can easily adapt to the changing circumstances and political climates;

- Had Britain had an entrenched and codified constitution the anti terrorist measures taken after 9/11 would have have been extremely difficult to pass due to constitutional constraints

It is not necessary;

- Conservatives argue that Britain has enjoyed a stable political system without a codified constitution for several centuries

It would be difficult to transfer many of the unwritten conventions into written form;

The lack of constitutional constraints allows executive government to be strong and decisive;

- In the US the government and congress are frequently prevented from acting decisively from fear the constitution will prevent them from doing so

A codified constitution would bring unelected judges into the political arena

- 2011-12 judges were frequently asked to rule on whether freedom of the press should take precedence over the need for personal privacy. Some argued that this kind of conflict should be resolved by the elected parliament

It would clarify the nature of the political system to citizens, especially after changes such as devolution and House of Lords reform;

- If people know their rights and how government works it might cure the problem of political ignorance and apathy

Britain would have a two tier legal system so constitutional laws would be more clearly identified;

The process of Judicial review would be more precise and transparent;

Better safeguarding of citizens' rights;

- The ECHR is weak and can be overridden by Parliament, if there were a codified constitution then legislation could not be passed that offended human rights protection

Might prevent further drift towards excessive executive power;

- Control of government on behalf of the people by introducing constitutional check and balances on the executive

The UK needs to clarify its relationship with the European Union;

It would bring the UK in line with most modern democracies

Ultimate political power (sovereignty) resides in one location. This is at the centre. The central sovereign power can overrule all other bodies and has the right to restore all political power to itself

Sovereignty is divided between central bodies and regional institutions. Such constitutions normally arise when a number of sovereign states come together and agree to surrender some, but not all, of their sovereignty to a central authority

Parliamentary statutes;

- Fixed-Term Parliaments Act 2011 that states a general election must be held every 5 years on the first Thursday of May

Conventions;

- Salisbury Convention that the House of Lords should not block any legislation that appeared in the governing parties most recent election manifesto

Historical principles and authoritative works;

- The sovereignty of parliament establishes the supremacy of parliament in legislation

- The rule of law states that all, including government itself, are equal under the law

Common Law;

- The prerogative powers of the prime minister, exercised on behalf of the monarch, are essentially common law powers, which have never been codified

Tradition;

- The practices and traditions of parliament

Europe;

- The ECHR

- Various EU treaties

It is flexible and adaptable due to it not being codified or entrenched;

- Gus O'Donnell draft procedures for the possibility of a hung parliament in May 2010

It is highly traditional and has stood the test of time;

- The fact that Britain has never suffered any violent revolution or major political unrest since the Civil war in the 17th century suggests that the constitution has enduring qualities

It ensures that parliament, and therefore government, can act decisively;

It contains traditional elements such as the House of Lords, and the Monarchy which help maintain public support for it

The lack of restraint on the power of government and parliament may be dangerous;

It contains traditional and outdated institutions;

- FPTP, The House of Lords, and the Monarchy are not only all accused of being outdated but are also accused of being undemocratic

The lack of separation of powers between the government and parliament means that the government tends to dominate parliament;

- This is often seen as undemocratic as Parliament is supposed to represent the views of the people

The fact that the constitution is uncodified means that many people are ignorant of it

- This may result in political apathy and lack of support for the political system

Legal Sovereignty;

- The power to make and unmake binding laws, to grant ultimate powers to individuals or other bodies and to determine the nature of the constitution

- Legal sovereignty lies within the UK parliament except where it has conceded some powers to the European Union

Popular Sovereignty;

- Refers to those circumstances when the people's decision, in an election or referendum is effectively binding on the political system

Political Sovereignty

- Refers to the location of real power. It ignores where legal sovereignty may lie and concentrates on who realistically can exercise power within the state

House of Lords;

- Abolition of voting rights of most hereditary peers

House of Commons;

- Limited changes to the select committee system. Fixed-term parliaments. New control for backbenchers over commons agenda

Human Rights Act 1998;

- Inclusion of the European Convention on Human Rights into British law

Electoral reform;

- The introduction of new electoral systems for the Scottish Parliament, Welsh and Northern Ireland assemblies, elections for the European Parliament, for the Greater London assembly for elected mayors

Freedom of information;

- Introduction of freedom of information, effective from 2005. Public right to see official documents

London government;

- Introduction of an elected mayor and assembly for Greater London

Local government;

- Introduction of a cabinet system in local government and the opportunity for local people to introduce elected mayors by referendum

Devolution;

- Transfer of large amounts of power from Westminster and Whitehall to elected bodies and governments in Scotland, Wales, and Northern Ireland

Referendums;

- Introduction of the principle that any proposal to transfer power within the UK should be approved by referendum

Party registration and the electoral commission;

- A new electoral commission was set up to regulate elections and referendums, including funding of parties. This reform also required the first ever registration of political parties

Reform of the judiciary

- The 'political' office of ord Chancellor was abolished. He was no longer head of the judiciary or speaker of the House of Lords. He was replaced by an office known as Justice Minister. The House of Lords Appeal Court was replaced by a seperate Supreme Court in 2009. Senior judicial appointments are controlled by an independent committee of senior judges

There has been growing poplar demand for more self-government in the national regions;

The national regions have different needs to England, which should be reflected in stringer regional government;

It places decision making closer to the people;

By conceding devolution the demands for fuller independence will be headed off, thus preventing the break up of the United Kingdom;

It is more democratic because government will be brought closer to the people;

It will reduce the workload of the British parliament and government;

It recognises the new idea of a 'Europe of the regions' rather than seperate states, that is, national boundaries will become less important than regional differences

Conservatives in particular believe it may lead to the break up of the United Kingdom because demands for independence will be fuelled by devolution;

It was argued that demand for devolution was over-exaggerated, especially in Wales, so it was unnecessary;

It creates an extra layer of government, which will increase costs to the taxpayer;

In Scotland it was feared that taxes there would inevitably rise because Scotland is less prosperous than the United Kingdom as a whole;

It will lead to confusion because there is an additional layer of bureaucracy;

Nationalists have argued that devolution does not go far enough. British government has retained all the important powers for itself;

Nationalists also argue they should have a separate voice in Europe, but devolution does not give this to them;

The West Lothian question