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The British Constitution

The British Constitution. Paper 2. What is a Constitution?. A Constitution is a set of rules conventions that lays down the powers and functions of state institutions and their relationship with each other. I.e. the main rules of the game. The British Constitution?.

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The British Constitution

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  1. The British Constitution Paper 2

  2. What is a Constitution? • A Constitution is a set of rules conventions that lays down the powers and functions of state institutions and their relationship with each other. • I.e. the main rules of the game

  3. The British Constitution? • Can you quote anything from the British Constitution? • If not how do we know how Parliament works?

  4. Classification • 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

  5. Why hasn’t Britain got a Constitution? • Unlike in America and in France, Britain has not undergone a revolution or a regime change • Britain’s rules are written in Parliamentary Statutes, so It is better to describe it as ‘Uncodified’, than ‘Unwritten’

  6. Flexible or inflexible? • 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

  7. Unitary Systems • 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

  8. Federal Systems • 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

  9. Soooo………. • If there is no written constitution, but there exists a set of ‘rules, understandings and customs’ • How do we know what they are? • Can you come up with 5 sources of UK law?

  10. The Major sources of the British Constitution • 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 • Law and Customs of Parliament - Procedures • Works of Authority – Expert texts such as Bagehot (The English Constitution 1867) • EU Law • European Convention Human Rights (signed 1998)

  11. Ultimately our Uncodified Unitary Constitution outlines the roles of:- • The Constitutional Monarchy • Parliamentary Sovereignty • Representative Democracy • The Rule of Law

  12. The Constitutional Monarch • 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’

  13. Debate • This House believes that the Monarch has a positive role to play in shaping the future of this Country

  14. Parliamentary Sovereignty • “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 • A) as an independent Unitary State • B) as a member of the European Union

  15. Devolution • 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

  16. Constraints on Parliamentary Sovereignty • 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!!

  17. Representative Democracy • 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?

  18. The Rule of Law • 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

  19. Ideological Perceptions How do the parties view the Constitution?

  20. Conservatives and the Constitution • 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

  21. Conservative view • Power flows from above, emphasis on strong Government • Government, backed by a loyal party governs • Electorate through Parliament consent to this

  22. But what are the practicalities • 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

  23. The Liberal Democrats • 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

  24. SO what are the practicalities? • Electoral Reform • Full membership of the EU, with full integration • Large-scale devolution • Reform of the House of Lords

  25. The Labour Party • Traditional view of replacing the State not amending it • 1990’s New Labour reform • Concerns over Minority and Civil Rights

  26. New Labours Policies • 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

  27. Critique • 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

  28. Labour and the Jenkins Commission • Task: • Research the recommendations of the Jenkins Commission and provide a critique of the proposals

  29. The demands of Charter 88 • A Bill of Rights • Freedom of information • A fair electoral system • A reformed democratic 2nd chamber • A written constitution

  30. Discussion • How far have Labour met the demands of Charter 88?

  31. The end of Parliamentary Sovereignty and the Unitary State • 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

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