Example of a codified constitution includes the American Constitution of 1878 which has only been amended a total of 26 times.
To amend the United States Constitution a majority of at least two thirds is required, in both houses of congress and all state legislators.
However the US constitutions flexibility is increased by the existence of a supreme court which has the power to interpret and re-interpret the constitution to allow it to move with the time.
A uncodified constitution is an unwritten constitution which is not embodied in one single document and is composed of a variety of different documents.
This form of constitution is flexible because it can be changed through simple procedures.
The British Constitution can be described as unwritten and flexible but it is best described as ‘Partly written and wholly uncodified’ It is derived from a number of sources, its principle source is statute law, these are laws made by parliament.
Statute law is particularly important for determining the powers, slope of government and the conduct of elections.
Common law is another source which consists of compromising customs, which are decisions made by courts and prerogative powers.
Common law has been important in establishing many individual rights and liberties. Another main source known as conventions are unwritten rules of constitutional behaviour.
No constitution Codified or uncodified can work entirely by clearly defined rules. Conventions are generally agreed practices, which relate to the workings of the political system.
When asked the question how adequate the UK constitution is in checking power I would state the fact that Overall the UK constitution is not particularly effective in checking executive power. One possible reason for this is that the UK has no clearly defined written constitution. This allows the government to pass any law it chooses if it has a parliamentary majority. Lord Halisham once described this as an ‘elective dictatorship’. During the 1980’s there were many constitutional changes, which may not have occurred had the UK had a written constitution, for example the abolition of the GLC. Another example of this would be the reform by New Labour of Parliamentary Question time. Tony Blair has cut the amount of time allocated to the question time by reducing the number of weekly sessions.
The functions of parliament are that it is firstly Legislative.
It makes laws (statutes)This is the end result of the policy making process, often preceded by a green paper and a White paper. The Bill then comes before parliament, and has:
First reading. The sponsoring Minister gives notice of his intention of bringing a Bill before the House and names a day for second reading.
Second reading is the main debate on principles. No amendments possible but only rejection/acceptance. If the Bill is contested the House divides. In 1986 the Sunday Trading Bill was defeated on 2nd reading, only 3rd time this century.
Committee stage. 7 standing committees made up of MPs appointed by Whips in proportion to party strength; about 25-45 per committee, reformed for each Bill. Meet 2 mornings a week. Go through Bill clause by clause. Closure can be used. Only amendments possible that do not change the substance of the Bill. Govt itself may bring in amendments. This is an opportunity for MPs to respond to pressure group activity.
The whole House may consider certain Bills at Committee stage, if they are of constitutional importance; for example the European Communities (Amendment) Bill 1992-93; if they require a very rapid passage, and certain financial measures, including at least part of each year's Finance Bill.
Report Stage. The Bill with amendments goes back to the Commons. Further amendments possible, and all amendments are voted on.
Third reading. Final version debated, but significant amendments cannot be made
House of Lords. Can make amendments but they must be voted on by the Commons. Amendments can keep going back to the Commons if the wording is altered, until the Commons uses the 1949 Parliament Act, or that parliament ends. The government often accepts Lords amendments, but if there is conflict then the Lords usually back down.
Royal Assent. The Queen by convention gives assent to Bills passed by both houses; the last time there was conflict was the 18th Century. The monarchy in the UK is constitutional, that is, it has no real political powers.
Ordinary back bench MPs can try to legislate through the introduction of Private Members' Bills, but they have little chance of becoming law unless taken up by the government side and given government time. The main way is through the Ballot method at the start of each session. They can also try under the Ten minute rule, and Ordinary Presentation.
The second function of parliament is Scrutiny. The job of scrutiny falls mainly to Her Majesty' Opposition as parliament does not have a collective identity, rather it is the government party versus the Opposition. The government's business takes up most of parliament's time and it effectively controls all the main committees.
The third function of parliament is that It provides and sustains a government. The Queen by convention invites the leader of the majority party to form a government; strictly speaking this means anybody who can support a majority in the Commons. Another function is The representative function, where MPs represent their constituents or groups on specific or general matters to MPs. MPs receive a constant stream of mail, and enough letters on one topic will ensure it is raised in parliament; the anti-abortion groups are especially good at getting their supporters to write to their MP every time abortion policy is reviewed. The Financial role. Parliament authorises tax measures and the level of public expenditure; this principle was established in the 17th century, and today the most powerful select committee is the public accounts committee, which is responsible for checking that government departments spend public money in accordance with the wishes of parliament, and achieve value for money. The PAC is chaired by a member of the opposition. Parliament also Contributes to the political debate and agenda: This is what one commentator called the 'Grand debate': Most important public events will be raised in parliament through ministerial statements or questions. The Judicial function. Parliament is the highest court and this function is generally performed by the Judicial committee of the Lords
The House of Lords acts as the highest court in the land, and this function is performed by the 12 Law Lords, who include the Lord Chancellor, ex Lord Chancellors, and Lords of Appeal Ordinary. The Lords of Appeal hear cases from the Appeal Court and so their decisions set a precedent for the lower courts; this is a way in which judges make law; this is called the Common law or case law. The general process by which the courts interpret the law is called judicial review.
Parliamentary government differs from presidential government in the ways listed below
When ensuring executive scrutiny and accountability, the House of Commons is quite effective.
The House of Commons uses various methods to scrutinise the actions of government. Written and oral questions can be used, this is when each parliamentary day starts with questions to ministers, were two ministers are questioned by the MP.
The requirement to answer the questions makes a minister keep fully up to date with the main work of the department.
Another action that is used are, Debates, such as adjournment dates at the end of the day. Each bill is debated in the second reading, this brings both accountability and discussion to these matters. Another alternative are Standing committees, these are groups of backbench MP`S who have the role of examining a bill in detail, bills come to a standing committee after they have passé their second reading. Other the standing committees there are also Select committees. These are groups of backbenchers who have a responsibility for examining the work of a department. No member of the government may be a member, but most of the MP`S on the committee will be from the majority party. The select committees main aim is to provide a means of scrutinising the government and other public institutions. This committee is one of the principle methods through which parliament can scrutinise the executive. Methods of no-confidence, letters to ministers and referring matters to the ombudsmen are other alternatives to how the House of Commons ensures scrutiny. On the whole we see how effective the House of Commons actually is when ensuring executive scrutiny and effectiveness.
Sovereignty can mean both supreme legal authority and unchallengeable political power.
Sovereignty, in its simplest sense, is the principle of absolute and unlimited power. However, distinctions are commonly made between legal and political sovereignty, and between internal and external notions of sovereignty.
Legal sovereignty refers to supreme legal authority: that is, an unchallengeable right to demand compliance, as defined by law.
Political sovereignty, in contrast refers to unlimited political power: that is, the ability to command obedience, which is typically ensured by a monopoly of coercive force. Internal sovereignty is the notion of a supreme power or authority within the state, located in the body that makes decisions that are binding on all citizens, groups and institutions within the states territorial boundaries.
External sovereignty relates to a states place in the act as an independent ad autonomous entity.
Parliamentary sovereignty refers to the absolute and unlimited authority of legislating reflected in its ability to make, amend or repel any law it wishes.
Parliamentary Sovereignty is usually seen as the central principle of the British constitution and results from the absence of a codified constitution, the supremacy of statute law over other forms of law, the absence of legislators and the convention that no parliament can bind its successors.
Supporters connected the principle of investing a constitutional supremacy in a representative institution rather then an artificial body of rules or non elected body of judges. Critics point out that the principle is implicitly authority leading to `elective dictatorship` when the parliament is executive dominated.
Parliament is Sovereign as it exercises absolute and restricted power in that it stands above all other associations and groups in society.
Parliament is sovereign, as the state is a sovereign body processing supreme authority over its members.
This authority includes extreme powers of coercion. Alone, among associations, the state may imprison us and, in the ultimate analysis , it may have the right to take our lives.
Parliamentary authority in the united kingdom is unlimited.
Parliament can make or unmake any law on any subject whatsoever, and it can do so retrospectively. But although Parliament is sovereign we should bear in mind that
Parliament has lost its Sovereignty in a number of ways. Firstly by delegated legislation, where powers have been handed down to other inferior UK bodies that means Parliament has lost some control.
Parliament and UK courts are bound by the European Union implementation of the Human rights act 98 which is another factor which foresees parliament for losing its sovereignty.
Judges having the power to make law means that they have taken some of parliaments powers. The mischief rule may also alter the intention of parliament.
Bu when looking at the factors I am going to mention we see that parliament is still sovereign as its inferior bodies still have limited jurisdiction, meaning that any law that is made does not effect the whole country.
An enabling or parent act can be replaced.
Parliament also allows judges to consult to certain aids.
But as most judges are literal rule judges they tend to adopt governments ideas.
So although we see that Parliament is sovereign in that it can make any law it wishes that can overrule any other law it loses its sovereignty when it comes to issues regarding delegated or sub delegated legislation where power and authority has been given to other
members other then those of parliament.