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Politics AS Level
The Constitution
| Term | Definition |
|---|---|
| Define the term 'codified' | the whole constitution is written down in one document |
| Define the term 'common law' | A set of laws that have evolved over a long period of time. Most of the laws in the UK are common laws and are unwritten, they evolve from legal precedent. |
| What sort of constitution do we have in the UK? | An uncodified, flexible, unitary constitution |
| What is a constitution? | - a set of rules which explains how the state is to be governed - sets out values and principles - sets out limitations of power - normally happens after upheaval |
| Describe the 'British Constitution' | - unitary, uncodified, and flexible - derives from tradition and legislation - based on sovereignty of parliament - fusion of powers |
| Who coined the term 'parliamentary sovereignty' | A V Dicey |
| Identify the main sources of the British Constitution | - Magna Carta (1215) people should have control over monarch and certain fundamental rights - |
| What is the idea that parliament is sovereign? | Parliament has ultimate authority over all law making, every bill has to pass through. No parliament can bind its successor |
| What is the rule of law? | No one is above the law, everyone has the right to a fair trial, no one should be punished if they are innocent, innocent until proven guilty |
| How does Parliamentary Sovereignty work in practice? | HoL can delay legislation, highest courts can decide legality, electorate can vote the Government out, e-petitions can sway the gov, EU takes precedence |
| How does the rule of law work in practice? | Money can afford better lawyers, media can sway a case, biased judges, repeal of |
| Define the term 'codified' | the whole constitution is written down in one document |
| Define the term 'common law' | A set of laws that have evolved over a long period of time. Most of the laws in the UK are common laws and are unwritten, they evolve from legal precedent. |
| What sort of constitution do we have in the UK? | An uncodified, flexible, unitary constitution |
| What is a constitution? | - a set of rules which explains how the state is to be governed - sets out values and principles - sets out limitations of power - normally happens after upheaval |
| Describe the 'British Constitution' | - unitary, uncodified, and flexible - derives from tradition and legislation - based on sovereignty of parliament - fusion of powers |
| Who coined the term 'parliamentary sovereignty' | A V Dicey |
| Identify the main sources of the British Constitution | - Magna Carta (1215) people should have control over monarch and certain fundamental rights - |
| What is the idea that parliament is sovereign? | Parliament has ultimate authority over all law making, every bill has to pass through. No parliament can bind its successor |
| What is the rule of law? | No one is above the law, everyone has the right to a fair trial, no one should be punished if they are innocent, innocent until proven guilty |
| How does Parliamentary Sovereignty work in practice? | HoL can delay legislation, highest courts can decide legality, electorate can vote the Government out, e-petitions can sway the gov, EU takes precedence |
| How does the rule of law work in practice? | Money can afford better lawyers, media can sway a case, biased judges, repeal of HRA clauses |
| What is the impact of the HRA on the consitution? | The HRA 1998 declares that all legislation must be compatible with the ECHR, judiciary have to interpret and declare incompatibility. Ultimately power lies with Parl. Hard to repeal, places more emphasis on the jud. (read in and out) upholds ROL |
| What is the impact of the FOI act on the constitution? | Gives the public access to previously confidential info. |
| What constitutional reform have we already had? | - Labour's Constitutional reform 1997-2010 - HRA 1998 and FOIA 2000 - Scottish Parliament and Welsh Assembly - Elected Mayors and GLA - Set up for the AV Referendum - All but 92 hed peers removed - Supreme Court established 2009 |
| Criticisms of Labour's constitutional reform | - Lacked overarching vision, was done on an ad hoc basis - Was evolutionary, rather than revolutionary - Conservatives said that it was too extreme |
| Arguments why the UK does need a written constitution | - Would remove uncertainty about specific roles - Current situation is undemocratic - Would limit the power of the executive - Protect judicial independence - Key laws would be entrenched - Would set out clear values and prevent crises |
| Arguments why the UK does NOT need a written constitution | - Flexibility allows for freedom - Has always worked well - Ensures strong and effective government - A constitution does not guarantee better protection of rights - Would be hard and long process |
| Define the term 'legal sovereignty' | The ultimate legal power to decide |
| What are the strengths of the British constitution? | - Tried and tested - flexibility allows us to adapt - we have a clear centre of authority - sensible yet powerful government with checks and balances |
| What are the weaknesses of the British constitution? | - key laws are not entrenched - can be manipulated by single party governments - excessive centralisation of power - fusion of powers - few opportunities for citizens to get involved |
| Did Labour's reforms produce a new constitutional settlement? | - Key rights were more protected, i.e HRA - Reform is an ongoing process - No overarching plan for them - Further checks and balances introduced - Key legislation is likely to endure de facto |
| Why does Britain not have a codified constitution? | We have simply never had a constitutional 'moment'. No major political unrest, our constitution is organic and develops on an 'ad-hoc' basis |
| 'If Parliament is sovereign, there is no point in having a codified constitution.' Explain | If Parliament has the ultimate and unlimited law-making authority, then no constitution would be able to bind them. So making a codified constitution would either go against our key principle of sovereignty, or be redundant |
| Arguments that parliament is still legally sovereign | - Ultimate sovereignty - Veto on FoI cases - Can refuse to amend EU incompatibilities - Authority handed down and passed out - In theory sovereign, not in practice |
| Arguments that parliament is no longer legally sovereign | - EU Law - Some terrible consequences can bind the successor - Trial by media |
| Why Britain should have a codified constitution | - Preserve key values - Fall into line - Represent a new beginning - Enshrine parliamentary sovereignity |
| Why Britain should not have a codified constitution | - Would be pointless because of sovereignty of parliament - Not the right time - Society has moved on past the principles we currently have |
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