Transcript The British Constitution

The British Constitution
Paper 2
What is a Constitution?
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A Constitution is a set of rules
conventions that lays down the powers
and functions of state institutions and
their relationship with each other.
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I.e. the main rules of the game
The British Constitution?
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Can you quote anything from the
British Constitution?
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If not how do we know how Parliament
works?
Classification
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Written or Unwritten
Flexible or Inflexible
Unitary or Federal
Codified or Uncodified
Britain’s constitution is unwritten as it is not
contained in a single authoritative document
Why hasn’t Britain got a
Constitution?
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Unlike in America and in France, Britain has
not undergone a revolution or a regime
change
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Britain’s rules are written in Parliamentary
Statutes, so It is better to describe it as
‘Uncodified’, than ‘Unwritten’
Flexible or inflexible?
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Relates to the ease in which a
Constitution can be changed
In Britain a simple change of the law
can change the Constitution
Flexible Constitutions are susceptible
to ill-considered change
Unitary Systems
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A State which is one and indivisible,
i.e. Britain and France
All levels of Government are
subordinate to the Central
Government, or Sovereign State
Federal Systems
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A State which has several layers of
Government
Each layer has a clearly defined role,
as laid out in it’s ‘Constitution’
i.e USA
Soooo……….
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If there is no written constitution, but there
exists a set of ‘rules, understandings and
customs’
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How do we know what they are?
Can you come up with 5 sources of UK
law?
The Major sources of the British
Constitution
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Statute Law – Acts of Parliament
Common Law – Decisions of Courts
Conventions – Unwritten rules, i.e. the Prime Minister must sit
in the House of Commons
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Law and Customs of Parliament - Procedures
Works of Authority – Expert texts such as Bagehot (The
English Constitution 1867)
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EU Law
European Convention Human Rights (signed 1998)
Ultimately our Uncodified Unitary
Constitution outlines the roles
of:•
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The Constitutional Monarchy
Parliamentary Sovereignty
Representative Democracy
The Rule of Law
The Constitutional Monarch
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Reigns but doesn’t rule
Queen retains the right to be consulted and
to warn of any perils
Powers have transferred to PM, such as
Declare wars, make treaties and dissolve
Parliament
These are known as ‘Royal Prerogative’
Debate
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This House believes that the Monarch
has a positive role to play in shaping
the future of this Country
Parliamentary Sovereignty
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“The dominant characteristic of the British
Constitution” – Bagehot
Parliamentary authority is unlimited
Unless the EU are involved of course
Since 1973 the UK has possessed dual
Constitutional arrangements
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A) as an independent Unitary State
B) as a member of the European Union
Devolution
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Power is devolved from the centre, but
unlike Federalism, can be returned
i.e Wales, Nthn Ireland and Scotland
However, it is unlikely that power is
returned, more likely that further powers will
be given out, making the UK Quasi-Federal
Constraints on Parliamentary
Sovereignty
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Popular revolt
1971 Trade Union Act, wrecked by the
Trade Unions
1990 Poll Tax riots
USA tried prohibition, no UK
Government would dare to try!!
Representative Democracy
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Needed for Parliamentary Sovereignty to
work
The right of each adult to vote (Franchise)
was not achieved until 1928
Impact of the House of Lords (1911)
How Representative is the Government?
The Rule of Law
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Fundamental Principle
People are subject to the Rule of Law
No-one is above the law
A.V.Dicey (1835-1922) is the main author
Enshrines principles such as Natural justice,
fairness and reasonableness
Ideological Perceptions
How do the parties view the
Constitution?
Conservatives and the
Constitution
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Surprisingly Conservatives have been quite
radical
1867 Reform Act, 1921 Irish Treaty, 1973
British entry to EEC
Although these should be taken in their
historical context, the aim is still to conserve
Conservative view
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Power flows from above, emphasis on
strong Government
Government, backed by a loyal party
governs
Electorate through Parliament consent
to this
But what are the practicalities
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Conservation of the Union is a major
concern
Pragmatic approach is key, although
opposed to devolution they put
candidates forward, also they did not
fight the abolition of hereditary peers
The Liberal Democrats
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The we’ve got nothing to lose, so we
can suggest what we want Party
Radical Constitutional Reform is at the
centre of their programme
SO what are the practicalities?
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Electoral Reform
Full membership of the EU, with full
integration
Large-scale devolution
Reform of the House of Lords
The Labour Party
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Traditional view of replacing the State
not amending it
1990’s New Labour reform
Concerns over Minority and Civil
Rights
New Labours Policies
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Devolution
A directly elected Mayor for London
A new electoral system for EU elections, London
Mayor and devolved assemblies/Parliaments
Human Rights Act (ECHR)
Removal of all but 92 Hereditary peers
Freedom of Information Act
Limits on election campaign spending
A Cabinet system for Local Authorities
Critique
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A formidable catalogue
Passage eased by the size of Labours majority
However, 2nd chamber still unresolved
Failure to strengthen the role of local Govt and the
Civil Service
Welsh devolution has not gone far enough
Each reform appears to have been considered in
isolation, rather than as one overall plan
Labour and the Jenkins
Commission
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Task:
Research the recommendations of the
Jenkins Commission and provide a
critique of the proposals
The demands of Charter 88
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A Bill of Rights
Freedom of information
A fair electoral system
A reformed democratic 2nd chamber
A written constitution
Discussion
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How far have Labour met the
demands of Charter 88?
The end of Parliamentary
Sovereignty and the Unitary State
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Changes since 1997 have not really challenged
sovereignty, membership of the EU however clearly
has
The use of Referenda, although not binding, does
commit Parliament
The Human Rights Act, alters balance between
Govt and the Judiciary
Devolution – English MPs have lost responsibility
for legislation, but Scottish MPs have not in
England – The Paisley Question