The British Constitution Paper 2

What is a Constitution? A Constitution is a set of rules conventions that lays down the powers and functions of state institutions and their relationship with each other. I.e. the main rules of the game A Constitution is a set of rules conventions that lays down the powers and functions of state institutions and their relationship with each other. I.e. the main rules of the game

The British Constitution? Can you quote anything from the British Constitution? If not how do we know how Parliament works? Can you quote anything from the British Constitution? If not how do we know how Parliament works?

Classification Written or Unwritten Flexible or Inflexible Unitary or Federal Codified or Uncodified Britain’s constitution is unwritten as it is not contained in a single authoritative document Written or Unwritten Flexible or Inflexible Unitary or Federal Codified or Uncodified Britain’s constitution is unwritten as it is not contained in a single authoritative document

Why hasn’t Britain got a Constitution? Unlike in America and in France, Britain has not undergone a revolution or a regime change Britain’s rules are written in Parliamentary Statutes, so It is better to describe it as ‘Uncodified’, than ‘Unwritten’ Unlike in America and in France, Britain has not undergone a revolution or a regime change Britain’s rules are written in Parliamentary Statutes, so It is better to describe it as ‘Uncodified’, than ‘Unwritten’

Flexible or inflexible? Relates to the ease in which a Constitution can be changed In Britain a simple change of the law can change the Constitution Flexible Constitutions are susceptible to ill-considered change Relates to the ease in which a Constitution can be changed In Britain a simple change of the law can change the Constitution Flexible Constitutions are susceptible to ill-considered change

Unitary Systems A State which is one and indivisible, i.e. Britain and France All levels of Government are subordinate to the Central Government, or Sovereign State A State which is one and indivisible, i.e. Britain and France All levels of Government are subordinate to the Central Government, or Sovereign State

Federal Systems A State which has several layers of Government Each layer has a clearly defined role, as laid out in it’s ‘Constitution’ i.e USA A State which has several layers of Government Each layer has a clearly defined role, as laid out in it’s ‘Constitution’ i.e USA

Soooo………. If there is no written constitution, but there exists a set of ‘rules, understandings and customs’ How do we know what they are? Can you come up with 5 sources of UK law? If there is no written constitution, but there exists a set of ‘rules, understandings and customs’ How do we know what they are? Can you come up with 5 sources of UK law?

The Major sources of the British Constitution Statute Law – Acts of Parliament Common Law – Decisions of Courts Conventions – Unwritten rules, i.e. the Prime Minister must sit in the House of Commons Law and Customs of Parliament - Procedures Works of Authority – Expert texts such as Bagehot (The English Constitution 1867) EU Law European Convention Human Rights (signed 1998) Statute Law – Acts of Parliament Common Law – Decisions of Courts Conventions – Unwritten rules, i.e. the Prime Minister must sit in the House of Commons Law and Customs of Parliament - Procedures Works of Authority – Expert texts such as Bagehot (The English Constitution 1867) EU Law European Convention Human Rights (signed 1998)

Ultimately our Uncodified Unitary Constitution outlines the roles of:- The Constitutional Monarchy Parliamentary Sovereignty Representative Democracy The Rule of Law The Constitutional Monarchy Parliamentary Sovereignty Representative Democracy The Rule of Law

The Constitutional Monarch Reigns but doesn’t rule Queen retains the right to be consulted and to warn of any perils Powers have transferred to PM, such as Declare wars, make treaties and dissolve Parliament These are known as ‘Royal Prerogative’ Reigns but doesn’t rule Queen retains the right to be consulted and to warn of any perils Powers have transferred to PM, such as Declare wars, make treaties and dissolve Parliament These are known as ‘Royal Prerogative’

Debate This House believes that the Monarch has a positive role to play in shaping the future of this Country

Parliamentary Sovereignty “The dominant characteristic of the British Constitution” – Bagehot Parliamentary authority is unlimited Unless the EU are involved of course Since 1973 the UK has possessed dual Constitutional arrangements –A) as an independent Unitary State –B) as a member of the European Union “The dominant characteristic of the British Constitution” – Bagehot Parliamentary authority is unlimited Unless the EU are involved of course Since 1973 the UK has possessed dual Constitutional arrangements –A) as an independent Unitary State –B) as a member of the European Union

Devolution Power is devolved from the centre, but unlike Federalism, can be returned i.e Wales, Nthn Ireland and Scotland However, it is unlikely that power is returned, more likely that further powers will be given out, making the UK Quasi-Federal Power is devolved from the centre, but unlike Federalism, can be returned i.e Wales, Nthn Ireland and Scotland However, it is unlikely that power is returned, more likely that further powers will be given out, making the UK Quasi-Federal

Constraints on Parliamentary Sovereignty Popular revolt 1971 Trade Union Act, wrecked by the Trade Unions 1990 Poll Tax riots USA tried prohibition, no UK Government would dare to try!! Popular revolt 1971 Trade Union Act, wrecked by the Trade Unions 1990 Poll Tax riots USA tried prohibition, no UK Government would dare to try!!

Representative Democracy Needed for Parliamentary Sovereignty to work The right of each adult to vote (Franchise) was not achieved until 1928 Impact of the House of Lords (1911) How Representative is the Government? Needed for Parliamentary Sovereignty to work The right of each adult to vote (Franchise) was not achieved until 1928 Impact of the House of Lords (1911) How Representative is the Government?

The Rule of Law Fundamental Principle People are subject to the Rule of Law No-one is above the law A.V.Dicey ( ) is the main author Enshrines principles such as Natural justice, fairness and reasonableness Fundamental Principle People are subject to the Rule of Law No-one is above the law A.V.Dicey ( ) is the main author Enshrines principles such as Natural justice, fairness and reasonableness

Ideological Perceptions How do the parties view the Constitution?

Conservatives and the Constitution Surprisingly Conservatives have been quite radical 1867 Reform Act, 1921 Irish Treaty, 1973 British entry to EEC Although these should be taken in their historical context, the aim is still to conserve Surprisingly Conservatives have been quite radical 1867 Reform Act, 1921 Irish Treaty, 1973 British entry to EEC Although these should be taken in their historical context, the aim is still to conserve

Conservative view Power flows from above, emphasis on strong Government Government, backed by a loyal party governs Electorate through Parliament consent to this Power flows from above, emphasis on strong Government Government, backed by a loyal party governs Electorate through Parliament consent to this

But what are the practicalities Conservation of the Union is a major concern Pragmatic approach is key, although opposed to devolution they put candidates forward, also they did not fight the abolition of hereditary peers Conservation of the Union is a major concern Pragmatic approach is key, although opposed to devolution they put candidates forward, also they did not fight the abolition of hereditary peers

The Liberal Democrats The we’ve got nothing to lose, so we can suggest what we want Party Radical Constitutional Reform is at the centre of their programme The we’ve got nothing to lose, so we can suggest what we want Party Radical Constitutional Reform is at the centre of their programme

SO what are the practicalities? Electoral Reform Full membership of the EU, with full integration Large-scale devolution Reform of the House of Lords Electoral Reform Full membership of the EU, with full integration Large-scale devolution Reform of the House of Lords

The Labour Party Traditional view of replacing the State not amending it 1990’s New Labour reform Concerns over Minority and Civil Rights Traditional view of replacing the State not amending it 1990’s New Labour reform Concerns over Minority and Civil Rights

New Labours Policies Devolution A directly elected Mayor for London A new electoral system for EU elections, London Mayor and devolved assemblies/Parliaments Human Rights Act (ECHR) Removal of all but 92 Hereditary peers Freedom of Information Act Limits on election campaign spending A Cabinet system for Local Authorities Devolution A directly elected Mayor for London A new electoral system for EU elections, London Mayor and devolved assemblies/Parliaments Human Rights Act (ECHR) Removal of all but 92 Hereditary peers Freedom of Information Act Limits on election campaign spending A Cabinet system for Local Authorities

Critique A formidable catalogue Passage eased by the size of Labours majority However, 2 nd chamber still unresolved Failure to strengthen the role of local Govt and the Civil Service Welsh devolution has not gone far enough Each reform appears to have been considered in isolation, rather than as one overall plan A formidable catalogue Passage eased by the size of Labours majority However, 2 nd chamber still unresolved Failure to strengthen the role of local Govt and the Civil Service Welsh devolution has not gone far enough Each reform appears to have been considered in isolation, rather than as one overall plan

Labour and the Jenkins Commission Task: Research the recommendations of the Jenkins Commission and provide a critique of the proposals Task: Research the recommendations of the Jenkins Commission and provide a critique of the proposals

The demands of Charter 88 A Bill of Rights Freedom of information A fair electoral system A reformed democratic 2 nd chamber A written constitution A Bill of Rights Freedom of information A fair electoral system A reformed democratic 2 nd chamber A written constitution

Discussion How far have Labour met the demands of Charter 88?

The end of Parliamentary Sovereignty and the Unitary State Changes since 1997 have not really challenged sovereignty, membership of the EU however clearly has The use of Referenda, although not binding, does commit Parliament The Human Rights Act, alters balance between Govt and the Judiciary Devolution – English MPs have lost responsibility for legislation, but Scottish MPs have not in England – The Paisley Question Changes since 1997 have not really challenged sovereignty, membership of the EU however clearly has The use of Referenda, although not binding, does commit Parliament The Human Rights Act, alters balance between Govt and the Judiciary Devolution – English MPs have lost responsibility for legislation, but Scottish MPs have not in England – The Paisley Question