Download British Constitution File

The Constitution
The Constitution
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Definition
Purpose
Origins
Features
- parliamentary sovereignty
- uncodified
- unitary
- fusion of powers
- flexible
Definition
A constitution is a set of rules that;
• Seek to establish the duties, powers and
functions of the various institutions of
government
• Regulate the relationship between and among
the institutions
• Define the relationship between the state and
the individual; i.e. define the extent of civil
liberty
Purpose
• Why are constitutions so important?
“We cannot trust the government or,
for that matter, anyone who has
power over us.”
A constitution is the solution to the problem of
power. (Power tends to corrupt, so we need to
be protected from those in power).
Without a constitution the government could
simply do whatever it wants – oppressing
minorities, violating freedom, tyrannising the
mass of the people.
Limited Government
A form of government in which government
power is subject to limitations and checks,
providing protection for the individual; the
opposite of arbitrary government.
Origins of the UK Constitution
• Where has the UK constitution come from?
• How has it evolved?
Features
Features of the UK Constitution = FUPUF
Flexible
Uncodified
Parliamentary sovereignty
Unitary
Fusion of powers
Flexible
• This type of constitution is one where changes
can take place without a lengthy special
procedure e.g. Parliament can simply pass
another Act of Parliament.
• The opposite of flexible is rigid; where
changes can only take place as a result of a
special constitutional amendment procedure.
Uncodified
• This type of constitution is not confined to
one single document.
• Much of it may be written down, but in a
variety of documents.
• This is known as an uncodified constitution or
an unwritten constitution.
Written & Codified
• This type of constitution is
found in one single document,
which outlines the structure of
the constitution and the
organisation of the state.
• This is also known as a
codified or written
constitution.
Parliamentary Sovereignty
• Sovereignty means supreme, unrestricted
power.
• In this case, the absolute and unlimited
authority of Parliament which can in theory
make, repeal or amend any law.
Unitary
• In this type of constitution and system o
government, ultimate power lies with a central
body which I sovereign. Theoretically, in Britain, it
is parliament that is sovereign. It has the legal
authority to make and repeal laws, to delegate
powers to local or regional authorities.
• The opposite is a federal constitution, where
legal sovereignty is shared between government
at the centre and the constituent ‘states’ e.g.
USA.
Fusion of Powers
• This is where the executive branch and
legislative branch of government intermingle.
• E.g. David Cameron is both a member of the
legislative branch (MP for Witney) and the
executive branch (Prime Minister)
• E.g. Vince Cable is both a member of the
legislative branch (MP for Twickenham) and
the executive branch (a member of the
Cabinet)
Homework
• Reading and Note taking
Chapter 6, The Constitution
p150-154