The British Constitution What is a Constitution?

What is a Constitution? ‘The system or body of fundamental principles according to which a nation state or body politic is constituted and governed’

A Constitution… Establishes Rules and Principles that govern an organisation Can be found in political groups, pressure groups and trade unions In case of countries it refers to the fundamental political principles, establishing the structure, procedures, powers and duties of a government

What do Constitutions set out? The division of governmental activities, outlining which structures will perform which tasks The power relationship between the various institutions, showing how each is dependent upon or independent of the operations of the others The limitations upon the powers of the rulers and a guarantee of the rights of the people who are being ruled (I.e. A Bill of Rights)

What is the purpose of a Constitution? Provide legitimacy to those in power (even in non-democratic states) Protect freedom – defining limits of power Encourages stability – ensuring everyone knows and understands the rules Draws attention to the goals and values that characterize a particular state Create a fresh start – especially after a period of long term upheaval – The US Constitution followed the War for Independence etc

Discussion Points Why do countries need constitutions? Have they any value?

Classifications of Constitutions Written Codified – A Constitution where all the main provisions are brought together in a single document Unwritten Un-codified (such as the UK) – Exist where many of the constitutional rules are written down but have not been gathered together

Flexible or Rigid Flexible Very Rare Altered via the law making process – no laws are regarded as fundamental and there is no formal process for constitutional amendment Rigid The principles and institutions assume the character of fundamental law Procedure for amendment is deliberately made difficult so that no decision can be made without due consideration and discussion

Unitary and Federal Constitutionals Found in France, Israel, Ireland… where small enough to work and without significant ethnic, linguistic and religious differences Power is concentrated in the hands of the central government Federal A division of rule between Federal (central) and various regional units (America / States – Germany / Landers) In federal countries - powers and functions clearly written down and clearly defined in a written constitution

Other Characteristics Monarchical or Republic Presidential or Parliamentary Separation of Powers or Fusion of Powers Executive – Branch of government responsible for directing the nations affairs (UK Govt) Legislature – Branch of government responsible for discussing and passing laws, a watchdog over the govt (Parliament) Separation of Powers – Doctrine that political power should be divided between the executive, legislature and the judiciary

Activity In pairs, you have been tasked by the UN to rewrite a constitution for a country that has just emerged from a long term Civil War where many people have been killed and millions more displaced from their homes What basic things would you look to include?