Document with special legal sanctity. Higher legal status
The exact contents of a constitution will differ from state to state.
Democratic constitutions should follow the principles of constitutionalism.
Question 1 – Government ministers are both collectively and individually responsible to Parliament for their actions. This accountability is not legal but political.
Control of executive power via judicial review, tribunals, inquiries and Parliamentary ombudsman’s.
Question 2- Parliamentary elections
separation of power control tru courts
Chris Taylors book
A constitution simply means a system of rules. The Constitution of a country sets out how power is held by the state and how that power relates to the citizen.
DEFINITION - The framework of rules which dictate the way in which power is divided between the various institutions of state and the relationship between the state and the individual (the relationship between the institutions of state along with the relationship between the state and the individual).
CLASSIFICATION
Written – Unwritten
We in the UK have a (constitutional monarchy.
The most important way to classify constitutions is between written and unwritten. Almost every country apart from the UK has a written constitution which contains the main rules governing the power of the state and the relationship between the state and the individual individual in a single document. For the citizens of the US the constitution is an enormasly important document because it prevents the state from abusing its powers and safeguards the rights of the individual.
Art1 – establishes the first branch of govt – the legislature
Art 2 - the executive
3 – the judiciary
4 – provides that all states must honour the laws of all other states.
5- outlines the procedure for amending the constitution.
CHAINGING THE WRITTEN CONSTITUTION
In order to protect the citizen against the state, the const has to be strong (otherwise the gov will siply change it) but if it is to strong then it cannot be amended to reflect changes in society. Eg. Us const included the right to own slaves which was later removed wen the maj recognised this as unacceptable.
Maj of written const are produced after a revolution written after war of indipendance from Britain. Although maj countries hav a written const new Zealand and iseaiel don’t have one.
UNWRITTEN CONSTITUTION
By contrast, the uk with an unwritten const has no single document which sets out power relationships between the state. Instead we have many sources both written and unwritten which combne to provide the rules regulating the state. (one of the most significant aspects of the unwritten const of the uk is that there is no clear statement of where power lies within the state. Much power is apportion the uk by means of historical and often informal arrangements, customs and traditions.
These can be said to have worked for centuries in the uk but it is difficult to ensure accountability when there is uncertainty over precisely where power lies.
RIGHTS ANDTHE CONSTITUTION
One of the most important aspects of the written constitution is that it provides protection for individual rights. Eg us specifically lists a number of rights as amendments tothe constitution first amendment right to reedom of speech. Such rights cannot be taken away by the state. Under an unwritten constitution the state can takeaway individual rights at any time because they are not protected by the constitution.
Although the unwritten const does not protect rights we now have the European convention on human rights as implemented by the Human Rights Act 1998 which does provide greater protection for certain rights.
CHARACTERISTICS OF WRITTEN AND UNWRITTEN CONSTITUTIONS
WRITTEN CONSTITUTIONS
ADVANTAGES – All key provisions are contained in a single document
DISADVANTAGE – Requires one document to encompass the regulation of the entire state.
A – Provides a clear statement of how the state should with no uncertainty over words. Everyone can read and agree what it says.
D – May lead to litigation over the precise meaning of the terms used particularly if the language is outdated.
A – Protects the individual from abuses by the government of the day
D- May be difficult to amend if the provisions become outdated ( slavery)
- Provides clear protection of individual rights
D – May be inflexible and unresponsive to change
UNWRITTEN CONSTITUTION
- Flexible and responsive to chainging circumstances
d- can appear vague and uncertain. No single agreed source f constitutional law.
- Leaves the state free to develop the law for the benefit of itizens.
d- leaves the state free to abuse its powers and develop laws which act against its citizens.
A – Encourages the evolution of the constitution
D – Provides no protection for individual civil liberties.
Monarchical Constitution the head of ste is either a king or queen and power is exercised in their name. In this way although the majority of power in the uk now resides with Parliment and Governmnet the queen remains the head of state.
The US have a Republican Constitution where the head of state is the president who has far greater power then the current queen. Such power is justified on the basis that the president is elected and so accountable to the people unlike a monarch who is head of state simply by birth.
Federal power excercisedin the name of the state
Monarchical power excercisd in the name of queen
The US has a federal constitution. State power is divided into those excercised by centeral government and those excercised by the states or regions. Central Government ( also known as the ‘federal’ government) retains the most important powers relating to matters such as defence, wheras the individual ‘states’ have power on a local level and have their own constitutional status.
By contrast, the UK has a ‘Unitary’ constitution where all power resides in the centeral state institutions. We do have local Governmnet, in the form of local councils but these can be altered (or even abolished) by the centeral government at any time. A Constitution with power concentrated in centeral government. Local governments may exist but not with the same constitutional status of the states under a federal constitution. Example of the abolition of the Greater London Council in 1985 as an example of power remaining with centeral government under a unitary constitution. ( the federal government of the us could not abolish one of the states in this way under the federal system). (cud discuss if preferable 2 av aelected president under a republican const or an unelected monarch as in uk.).
Our constitution appears to work reasonably well because we are a prosperous society with relative freedom.
The negligible protection for individual rights provided by the uk const. Because the state is not constrained by a written const it can change the a wand remove oour rights.
The uk const has worked well but if anything was to go wrong there is little protection for the individual to be found in the const.