用戶:Politics Notes on the UK Constitution

Constitution

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.

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.

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.

Laws created by Parliament
- Great Reform Act 1832
- Human Rights Act 1998
- House of Lords Act 1999.

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

Rules or norms of behaviour that are considered binding
- Even though they are not legally enforceable.

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

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.

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

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

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

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

A form of government exemplified by the British Political System
- Parliament is sovereign
- Executive and Legislature are fused
- Political power is centralised

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

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