Transcript What does the British Constitution comprise?
starter activity
How do you know what are the school rules? Who makes the rules? Why do we all abide by them? Who decides if the rules have been broken?
What is the British Constitution?
Lesson overview
What are the sources of the UK constitution What is the rule of law?
What is parliamentary sovereignty?
What is a unitary state?
What are the sources of the constitution?
Set of laws / rules by which a country is governed Uncodified (Israel & NZ)
; Magna Carta of 1215, Bill of Rights , 1689 Political
Common or case law Constitutional experts, e.g. Walter Bagehot, Erskine May and A.V Dicey. Walter Bagehot
What is the rule of law?
Lord Falconer, Lord Chancellor A V Dicey, An Introduction to the Study of the Law of the Constitution (1884) Key principle of UK Constitution Abide by legal rules No arbitrary decisions No punishment without breach of law Everyone subject to same law
What are the threats to the rule of law?
Official Secrets Act Possible end to trial by jury Activities of MI5, MI6 (especially after 9/11) Removal of traditional rights (e.g. TU membership at GCHQ, though reinstated since 1997) Gagging clause signed by members of Civil Service ( Clive Ponting and Belgrano issue after Falklands War, 1982)
What protects the rule of law?
Need for stability Respect for tradition Organisations, e.g. Council of Tribunals, Parliamentary Commissioner Consent for need for secret service
Task One
Prepare a short speech making a case for Britain having a fully codified constitution, along the lines of America’s. Highlight the disadvantages of the present system before explaining the advantages of codifying the present constitution.
What is parliamentary
sovereignty ?
Westminster Parliament supreme law-making body Legislation cannot be overturned by higher authority Westminster can legislate on any issue No parliament can bind its successors
What is a ‘
unitary state
’
Centralised state, national institutions at centre Characterised by weak local and ‘subnational’ govt. with little or no autonomy No power-sharing, e.g. federal systems of Germany & USA
Unitary state or union state?
J. Mitchell, “classic unitary state exhibits high degree of standardisation”, i.e. similar systems of govt. & political culture In a union state differences remain
Unitary state or union state?
Wales, invaded by England in 1282, Act of Union (1536, 1542) Scotland, crowns joined under James I (1603), states joined by Act of Union (1707) Ireland, Act of Union (1801) united Irish & British Parliaments, Ireland Act (1949) established acknowledged Irish Free State and protected N.Ireland
Royal shield under Queen Victoria
Unitary state or union state?
By mid-C20th Scottish, Welsh & Northern Ireland Offices all estd.
Decisions made at Westminster & imposed on local populations Support for devolution, e.g. 1978 referendums on devolution in Scotland & Wales 1997, devolution for Scotland, Wales & N. Ireland
Unitary state or union state?
What powers do Scotland, Wales & Ireland now have?
Scotland: legislative & tax-varying powers; responsibility for educ., health & local govt.
Wales: secondary legislative authority N. Ireland: similar powers to Scotland
Task three
Visit the websites of the three main UK parties as well as the leading ‘devolution’ parties like the SNP and identify their current aims and manifesto pledges. Present your ideas to the class.
Conventions
Rules or accepted practices, neither codified nor enforced by law. Examples include: royal assent to acts of parliament, appointment of leader of largest party to form government, PM is a member of House of Commons (last instance of lord, Alec Douglas-Hume, 1963)
Statutes
Acts of Parliament. Some acts have greater constitutional significance than others, e.g. Great Reform Act (1832) extending franchise, Parliament Act (1911) establishing HoC as dominant chamber, Human Rights Act (1988) enshrining key rights in UK law.
Common law
Legal principles that have been established by law courts having interpreted the law. Also customs and precedents, e.g. royal prerogative to declare war, negotiate treaties, dissolve parliament, appoint ministers & judges. Powers are only nominal, and real power lies with PM.
Sovereignty
Legal supremacy: parliament has ultimate law making authority.
Unitary state
“A unitary state is a centralised state in which political power is located at the centre in national institutions”
M.Garnett & P. Lynch, ‘UK Govt. and Politics’