An in-depth summary of the Constitution Unit, including cases, advantages/disadvantages of codified constitutions, and examples of New Labour and Coalition government reform.
Most simply a constitution is the rules that govern a government. A constitution is a list of rules that:
- Can be written (codified) or unwritten (uncodified).
- Uncodified constitutions
flexible as any of its sources can be changed without any lengthy or difficult process,
however this is in the context of the ‘rule of law’, (the government is limited by the law).
Unentrenched meaning that constitutional laws are no different from statute laws,
parliament is sovereign so can change the constitution by passing statute law; passed by
a simple majority in parliament.
Non-judiciable meaning judges cannot challenge Parliament’s ability to make or amend
statute laws.
Unitary system is based on the principle of parliamentary sovereignty, suggesting that
supreme power remains in the hands of a single source. Lower government bodies are
subordinate to the sovereign and powers can be revoked.
Evolutionary
- Codified constitutions
Rigid constitution is one that requires a lengthy and difficult process to alter it, e.g. USA.
Entrenched indicates that it is difficult to amend or remove them, codified constitutions
are considered ‘higher law’, which leads to a two-tier legal system where the
constitution stands above law made by the legislature.
Judiciable implies that a constitutional court decides if government action or laws
passed by the legislature are ‘constitutional’.
Federal states have authority which is constitutionally divided between various regions.
Central government may have the more important responsibilities, but the regional
governments are sovereign within their constitutionally defined areas of responsibility.
Clashes between central and regional governments are resolved by the constitutional
court.
Revolutionary
- Seek to establish the duties, powers, and functions of the various institutions of government.
- Defines the relationship between the state and the individual, that is defines the extent of
civil liberties.
Documents that have altered the constitution:
- The Magna Carta 1215 -> first time taken power from the monarch and given to the people,
stated that no one should be deprived of their liberties.
- The Bill of Rights 1689 -> the glorious revolution, monarchs work in partnership with
parliament and respect their rights.
- The Acts of Settlement 1701
- The Acts of Union 1707
- The Parliament Acts 1911 & 1949
- The European Communities Act 1972 -> established the principle that EU law would now
take precedence over UK laws in certain areas.
- Brexit 2016
Advantages
- Codified constitutions come from a single source (clear and everyone can access).
- The rights of the citizen are clear to see.
- If there is ever a dispute concerning constitutional arrangements it is easy to resolve.
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