用戶:Politics Notes on the UK Constitution

2023-12-27T14:21:54Z

Politics Notes：

==Constitution==

*'''Outlines how a country or society is structured'''.
*Includes laws, rules, and customs that guide the political system.
*Establishes important government institutions.
*Decides who has the power to make decisions.
*Safeguards the fundamental rights of citizens through a Bill of Rights.
*Prevents the government from abusing its power.
*Puts limits on the government through checks and balances.

==Codified Constitution (e.g.US)==

*A single document that serves as a '''reference point''' for how the country functions.
*Can't cover every little detail.
*Instead, it provides a '''basic framework''' that other rules can be built upon.
*It's commonly seen in countries that
**have recently gained independence or
**have experienced periods of authoritarian rule, war, or occupation.
*The provisions in a codified constitution are usually difficult to change and require special procedures
**Like a supermajority in the legislature
**Or approval through a national referendum.
*Hence are often seen as inflexible or rigid.

==Uncodified Constitution (e.g. UK)==

*Unlike a single document, the constitution in the UK is '''not contained in one place'''.
*Instead, it can be found in '''various sources'''
*Which is why it's often described as "'''unwritten''',"
**Although this term can be '''misleading'''.
*The constitution in the UK is shaped by '''''Common Law''''' (decisions made by judges)
**and some provisions can be found in '''''Statute Laws''''' (laws passed by Parliament).
*An Unwritten constitution is generally more flexible
**because it can evolve and adapt over time without requiring strict procedures for amendment.

==UK's Uncodified Constitution==

*The UK's constitution can be changed through an '''''Act of Parliament'''''
*Parliament has the ultimate power to make and overturn laws.
*This is known as '''''Parliamentary Sovereignty'''''
**Where Parliament has '''legislative supremacy'''
***And can pass or repeal any law it wants
****As long as it is not physically impossible.

==Sources of the UK Constitution==

===Statute Law===
*Laws created by Parliament
**'''''Great Reform Act 1832'''''
**'''''Human Rights Act 1998'''''
**'''''House of Lords Act 1999.'''''

=== Common Law ===
*Legal principles developed and applied by UK courts.
*'''''Judicial review''''', where senior judges clarify or establish legal positions
**In the absence of clear statute laws.
*It also includes customs and precedents that have become legally binding.
*'''Royal Prerogative'''
**Stuff the King used to do but doesn’t do anymore
**Traditionally included the rights to
***Appoint ministers and choose the PM
***Give '''''Royal Assent''''' to Legislation
***Declare war and negotiate treaties

=== Conventions ===
*Rules or norms of behaviour that are '''considered binding'''
**Even though they are '''not legally enforceable'''.

=== Authoritative Works ===
*Legal and political texts written by experts
**'''''A Treatise on the Law, Privileges, Proceedings and Usage of Parliament (Erskine May)'''''
**'''''The English Constitution (Walter Bagehot)'''''

*While they do not have formal legal status
**they are widely accepted as '''reference points''' for understanding the constitution

=== International Law and Treaties ===
*The UK was subject to EU Law until December 2020
**EU laws had a '''significant influence''' on UK governance.
*The government's responsibilities under international law, through treaties and conventions
**Continue to be an important source of constitutional law.

== 4 Key Principles ==

=== Parliamentary Sovereignty ===
*Cornerstone of the UK Constitution
*'''Sovereignty''': Legal Supremacy
*Westminster is the '''supreme law-making body'''
*Constructed around three interconnected propositions
**Parliament can legislate on '''any subject''' it chooses
**Legislation '''cannot be overturned''' by any higher authority
**'''No parliament can bind its successors'''

=== Rule of Law ===
*Defines the relationship between the state and its citizens
**Ensuring that state action is '''limited and responsible'''
*According to '''''A.V. Dicey''''', had 3 main standards
**No one can be punished without trial
**No one is above the law, and all are subject to the same justice
**The general principles of the constitution
***such as personal freedoms
***result from '''judge-made law'''
***instead of statute law or executive order

=== Unitary State ===
*Although the UK consists of 4 constituent parts
**England, Scotland, Wales, Northern Ireland
**It has been a '''highly centralised''' state
**in which legal authority is retained by Parliament
*In a unitary constitution
**Subnational institutions do not have autonomous powers that are constitutionally protected
**Regional government may be weak or non-existent
**Local government has little power

=== Parliamentary Government Under Constitutional Monarchy ===
*'''''Constitutional Monarchy'''''
**A system in which the monarch is the '''formal head of state'''
**But his legal powers are '''exercised by government ministers'''
*'''''Parliamentary Government'''''
**A political system in which '''government takes place through parliament'''
**And in which the executive and legislative branches are '''fused'''
*'''''Cabinet government'''''
**A system in which executive power is '''vested not in a single individual'''
**But in a cabinet whose members operate under the doctrine of '''collective responsibility'''
*'''''Prime-Ministerial Government'''''
**A system in which the '''PM is the dominant actor'''
**And is able to '''bypass the cabinet'''

== Strengths and Weaknesses of the UK’s constitution ==

=== Westminster Model ===
*A form of government exemplified by the '''British Political System'''
**'''Parliament is sovereign'''
**'''Executive and Legislature are fused'''
**'''Political power is centralised'''

=== Strengths ===
*'''Adaptability'''
**Evolved gradually in the face of changing circumstances
**Conservatives tend to view the constitution as an '''“organic”''', Living body of rules
**Rather than an artificial creation
*'''Strong government'''
**Provides for '''strong and effective government'''
**Doctrine of parliamentary sovereignty dictates that the legislature holds supreme authority
***but the executive is where day-to-day power resides ''de facto''
**This is because the process of government is conducted by political parties
***The cabinet is party based
***The governing party generally exercises '''significant control''' over the legislative process
**The Government is therefore able to implement most of its political objectives
*'''Accountability'''
**Although it holds considerable power by virtue of its control of the legislature
**The government is '''accountable to both parliament and the electorate'''

=== Weakness ===
*'''Outdated and undemocratic'''
**Key elements date back to mediaeval times (Common Law)
**Hard to justify the hereditary principle in a liberal democratic state (Lords)
*'''Concentration of Power'''
**Power is '''concentrated dangerously''' at the centre
**There are '''few safeguards''' against the arbitrary exercise of state power
**Parliamentary sovereignty and the absence of a codified constitution
***Mean that even the key tenets of the rule of law are '''not fully protected'''
**A government with a strong majority can force through the legislation
***Undermining civil liberties+Weakening other institutions
**Neither local nor subnational government has constitutionally protected status
*'''Lack of clarity'''
**The uncodified nature creates problems of clarity and interpretation
**It is not always immediately clear where a government has acted unconstitutionally
**Parliament controlled by the government of the day
***Is the final arbiter of the constitution
**The government can even use its control of the legislature
***to pass new Acts that overturn unfavourable rulings in the courts
***Making it difficult for citizens to engage with the System

== New Labour and Constitutional Reform 1997-2010 ==
Labour emerged victorious from the 1997 GE after promising a program of constitutional reform that was driven by 4 interlocking themes

=== Modernisation ===

* The existing institutions like Parliament, the executive branch, and the civil service were seen as outdated and inefficient
* So reforms were proposed to make them more effective and up-to-date.

=== Democratisation ===

* The goal was to encourage greater participation in the political process.
* This would be achieved through
** electoral reform
** making the voting system fairer
** and increasing the use of referendums to involve citizens directly in decision-making.

=== Decentralisation ===

* Power and decision-making authority would be devolved to new institutions, giving more control to local governments.
* The aim was to enhance the role and influence of local communities in shaping policies and making decisions.

=== Rights ===

* The rights of citizens would be strengthened and safeguarded

{| class="wikitable"
|+
!Area
!Reforms
|-
| rowspan="2" |Rights
|Human Rights Act 1998: Incorporated the ECHR into UK Law
Rights protected by the HRA include:

* Right to Life
* Right to Liberty and Personal Security
* Right to a Fair Trial
* Respect for Private and Family Life
* Freedom of Thought and Expression
* Freedom of Peaceful Assembly and Association
* Right to Marry and Start a Family
* Freedom from Torture and Degrading Treatment
* Freedom from Discrimination

The HRA requires the British Government to ensure that legislation is compatible with the ECHR.
|-
|Freedom of Information Act 2000: Gave greater access to information held by public bodies
|-
| rowspan="5" |Devolution
|The Scottish parliament with primary legislative and tax-raising powers
|-
|The Northern Ireland Assembly with primary legislative powers
|-
|The Welsh Assembly with secondary legislative powers
|-
|A directly elected Mayor of London and the London Assembly
|-
|Elected Mayors in some English authorities
|-
|Electoral Reform
|New electoral systems for devolved assemblies, for the European Parliament and for elected mayors
|-
| rowspan="2" |Parliamentary Reform
|All but 92 hereditary peers removed from the Lords
|-
|Limited reforms to the workings of the House of Commons
|-
| rowspan="4" |Judiciary
|Constitutional Reform Act 2005
|-
|Supreme Court started work in Oct 2009
|-
|New judicial appointments system
|-
|Changes to the role of the Lord Chancellor
|}

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用戶:Politics Notes on the UK Constitution