1. Introduction to the Constitution
Miss Christian 12E F9 Lesson #1
Wednesday 14th September 2011
Introduction to the Constitution

2. Learning Objectives To define a constitution
To identify the origins and purpose of the UK constitution
To describe the key features of the UK constitution

3. Dictionary Corner Find the definition…
CONSTITUTION
A constitution is a set of rules that;
Seek to establish the duties, powers and functions of the various institutions of government
Regulate the relationship between and among the institutions
Define the relationship between the state and the individual; i.e. define the extent of civil liberty

4. Why does the UK need a constitution?
Mind map as many reasons as you can think of as to why the UK would need a constitution.
HINT: Think about what might happen if there was no constitution!

5. Why does the UK need a constitution?
Set up institutions to interpret the laws and punish those who do not follow them
Protect the rights and civil liberties of the population
The government has to follow rules too, to make sure it is not abusing its power
Set up institutions that pass laws (legislature)
Set up institutions to enforce (make sure everyone follows) the laws
State the roles and duties of those in government – what they can and can’t do
State the functions and powers of departments or parts of government – what they can and can’t do
State how parts of the government work should together
To make sure the government provides certain things for the people – defence, welfare etc.
How government is appointed or selected e.g. elections
People to make decisions

6. The most terrifying words in the English language?
What point is the cartoonist making about government?
“We cannot trust the government or, for that matter, anyone who has power over us.”

7. The unfortunate reality of having a government?
What point is Thomas Jefferson making about government power?
“If government power is not checked and restrained then it could have disastrous consequences.”

8. The unfortunate reality of having a government?
What does this quote by Ronald Reagan mean?
“In order for our rights and civil liberties to be protected, government power must be limited so that it can not take away our freedoms.”

9. Why does the UK need a constitution?
THE MOST IMPORTANT REASON
A constitution is the solution to the problem of power. (Power tends to corrupt, so we need to be protected from those in power).
Without a constitution the government could simply do whatever it wants – oppressing minorities, violating freedom, tyrannising the mass of the people.
Set up institutions to interpret the laws and punish those who do not follow them
Protect the rights and civil liberties of the population
The government has to follow rules too, to make sure it is not abusing its power
Set up institutions that pass laws (legislature)
Set up institutions to enforce (make sure everyone follows) the laws
State the roles and duties of those in government – what they can and can’t do
State the functions and powers of departments or parts of government – what they can and can’t do
State how parts of the government work should together
To make sure the government provides certain things for the people – defence, welfare etc.
How government is appointed or selected e.g. elections
People to make decisions

10. Write your own definition…
Dictionary Corner
Write your own definition…
LIMITED GOVERNMENT
A form of government in which government power is subject to limitations and checks, providing protection for the individual; the opposite of arbitrary government.

11. What types of constitution are there?
Parliamentary
Codified/Written
Rigid
Uncodified/ Unwritten
Federal
Republican
Unitary
Flexible
Monarchical
Presidential
Sovereignty of parliament
Sovereignty of people
There are 12 ways in which constitutions could be categorised. Some constitutions, such as the UK constitution may have features of multiple types of constitutions.
YOUR TASK;
Match each type of constitution to its description.
Make a list of the types of constitution the UK constitution may fit into.

12. President has power independent/separate from Congress (e.g. US)
All the main sources of the constitution are in one document. (e.g. USA from 1787).
President has power independent/separate from Congress (e.g. US)
Can be altered by the law making process (e.g. Parliament in the UK)
Power supposedly in the power of the people. (e.g. US – Constitution opens with ‘We the people of the US’.
Many of the constitutional rules are written down but they are not gathered together. Also, rules are found in convention and tradition. (e.g. UK/Israel/New Zealand)
No separation of powers as leader is accountable to legislature (e.g. Executive chosen from Parliament in UK)
Head of state is elected.
Power in hands of monarch
Power in hands of a central government where little regional differences. (e.g. UK)
Division of power with regional units (e.g. US division between central govt and states/Germany/Belgium)
Constitution becomes law. Difficult to bring changes without extensive discussion. (e.g. USA)
Parliament possesses supreme power. Can make or unmake any law of its choosing (e.g. UK)

13. Parliamentary
No separation of powers as leader is accountable to legislature (e.g. Executive chosen from Parliament in UK)
Codified/Written
All the main sources of the constitution are in one document. (e.g. USA from 1787).
Rigid
Constitution becomes law. Difficult to bring changes without extensive discussion. (e.g. USA)
Uncodified/ Unwritten
Many of the constitutional rules are written down but they are not gathered together. Also, rules are found in convention and tradition. (e.g. UK/Israel/New Zealand)
Federal
Division of power with regional units (e.g. US division between central govt and states/Germany/Belgium)
Republican
Head of state is elected.
Unitary
Power in hands of a central government where little regional differences. (e.g. UK)
Flexible
Can be altered by the law making process (e.g. Parliament in the UK)
Monarchical
Power in hands of monarch
Presidential
President has power independent/separate from Congress (e.g. US)
Sovereignty of parliament
Parliament possesses supreme power. Can make or unmake any law of its choosing (e.g. UK)
Sovereignty of people
Power supposedly in the power of the people. (e.g. US – Constitution opens with ‘We the people of the US’.

14. Main Features of the UK Constitution
The UK could potentially fit into a number of the categories discussed. However, political scientists agree that there are 5 key features of the UK constitution.
Parliamentary Sovereignty Uncodified Unitary Fusion of powers Flexible

15. Origins of the UK Constitution
One of the reasons why the UK does not have a codified constitution is that British political history over the past 3 centuries has followed an evolutionary rather than a revolutionary route.
In other countries, written constitutions have been introduced following sudden and total changes to their political systems. The French Revolution of 1789 and the Russian Revolution of 1937 both led to the introduction of written constitutions.
Similarly, new written constitutions were introduced in Germany after defeat in 1918 and 1945, and India drew up a written constitution when British rule ended in 1947.
The Origins of the UK Constitution [VLE]

16. Origins of the UK Constitution
“The American constitution emerged from the smoke and gunfire of a revolution whereas the British constitution emerged from the mists of time.” – Malcolm Walles

17. Main Features of the UK Constitution
Parliamentary Sovereignty
Uncodified
Sovereignty means supreme, unrestricted power.
In this case, the absolute and unlimited authority of Parliament which can in theory make, repeal or amend any law.
This type of constitution is not confined to one single document.
Much of it may be written down, but in a variety of documents.
This is known as an uncodified constitution or an unwritten constitution.

18. Main Features of the UK Constitution
Unitary
Fusion of Powers
In this type of constitution and system o government, ultimate power lies with a central body which I sovereign. Theoretically, in Britain, it is parliament that is sovereign. It has the legal authority to make and repeal laws, to delegate powers to local or regional authorities.
The opposite is a federal constitution, where legal sovereignty is shared between government at the centre and the constituent ‘states’ e.g. USA.
This is where the executive branch and legislative branch of government intermingle.
E.g. David Cameron is both a member of the legislative branch (MP for Witney) and the executive branch (Prime Minister)
E.g. Vince Cable is both a member of the legislative branch (MP for Twickenham) and the executive branch (a member of the Cabinet)

19. Main Features of the UK Constitution
Flexible
REMEMBER!!!
This type of constitution is one where changes can take place without a lengthy special procedure e.g. Parliament can simply pass another Act of Parliament.
The opposite of flexible is rigid; where changes can only take place as a result of a special constitutional amendment procedure.
Parliamentary Sovereignty
Uncodified
Unitary
Fusion of powers
Flexible
PUUFF

20. The UK Constitution
An authorative set of laws, rules and practices specifying how a state is to be governed and the relationship between the state and the individual.
Establishes political principles, structure, procedures, powers and duties of a government.
Set out division of governmental activities and who will perform each task.
Decides how powerful different parts of the government will interact and work together.
Sets out the limitations of the power of rulers and guarantees the rights of the ruled.
Provides legitimacy to those in power, encourage governmental stability through clear rules and set out goals and values of a state.

21. Homework
Reading and Note taking, Heywood p The Purpose of a Constitution Understanding Constitutions Consolidating your understanding The UK Constitution – Nicola McEwan The Constitution; Origins and Characteristics Further Reading Development of the UK Constitution PPT Britain’s Unwritten Constitution (British Library)