mypoliticsnotes

A summary

A constitution is a set of laws, rules and practices that set out how a society and government are organised. Essentially, establishes some form of a relationship between citizens and the state. DO NOT confuse it with being the laws of the country. For example, a law against internet piracy is JUST a law, whereas the rules that determine the RELATIONSHIP between the supreme court and parliament and the way they implement the law are part of the constitution.

Purpose - We can summarise this into 3 main purposes. First, consistency, we wouldn't want a nation to be organised in new ways each time a new government came into power. Secondly, to guard against tyranny as a constitution is heavily about what a government CANNOT do. Finally, to give the judiciary power to fight the government, for example, the US Supreme Court has the ability to stand up against something they disagree with.

Types of constitutions - Entrenched, meaning hard to change. For example the US constitution requires 2/3 majority in both houses and 3/4 majority of state ratification to pass an ammendment, this is whats known as a super majority, due to the constitution being so entrenched the equal rights ammendment that would guarantee equal legal rights between men and women has not been implemented meaning in 21st century America there is still not equal legal rights between men and women. Flexible, this is more like the UK constitution, whereby the government can react quickly to changing circumstances, like during Covid-19, when we made laws to protect society much faster. Uncodified, meaning it is derived from many sources, for example, the UK constitution is made up of sources such as statute law, common law and works of authority. Unlike a codified constitution like the US Constitution, which was made by the founding fathers at the Philadelphia convention. Finally, evolved and constricted constitutions. Evolved refers to one made over time, withstanding the 'test of time', whereas a constructed constitution is one more 'revolutionary than evolutionary'.

THE HISTORY

Anglo-Saxon law - The Closest thing we have to original English law. It established a few key principles that linger. 1- Trial by jury - ie your right to have your side heard, this was the first limit on governmental power. 2- Habeas Corpus - the right to challenge an arrest without cause. 3- The witan - a council of elders advising the king this set the standard that kings should not rule alone. However, none of this was codified.

The Magna Carta - Before, England was an absolute monarchy. However, the barons rose up against King John, forcing him to sign a document limiting his power. This gave us 1- the right to free fair justice, 2- the right to due process 3 - gave the nobles an opportunity to create a 25-member committee to scrutinise the king (first House of Lords). However, only 4 clauses from this remain now, and it was never intended to be a constitution.

The English Civil War - Fought between Charles the 1st and Parliament over who had the right to rule. Parliament won and ensured 2 things: 1- parliamentary sovereignty, ie the king reigns but Parliament rules. 2- The rule of law, ie the law applies to all.

Since then, the Power of Parliament has continued to grow. Parliament Acts 1911 and 1949 both reduced the power of the House Of Lords by preventing it from blocking legislation passed by the Commons. European Communities Act 1972 - Gave EU law supremacy over UK law.

The sources of the constitution: My top 3 examples include :

Statute Law: The most powerful source. These are laws made by the government; they must be approved by both houses and gain royal assent before being implemented by the executive and enforced by the judiciary. Some examples include the Representation of the People's Act 1969, which lowered the voting age from 21 to 18. Statute law's significance is partly due to the fact that it is implemented by the sovereign parliament and therefore takes precedent over common law. Amendments to the constitution are primarily done via Statute Law, again highlighting its significance. - Be aware that before the UK left the EU, European law directly formed part of the British constitution, which could be argued as a temporary limit on Parliamentary sovereignty.

Common Law: These are laws or rights that have been passed down over the years from decisions made by the courts. When deciding on the legality of the case, judges will use previous decisions on similar cases. They are not formed by Parliament so can be changed or amended easily; however are still highly held. The right to privacy was not a legal statute until 1998; however was still well defended in courts before that point. Although not codified, they must always apply.

Conventions: Unwritten understandings about how things in Parliament should be done. It facilitates the smooth running of the constitution. Although not codified like common law, breaking it can lead to a constitutional crisis; this happened with the Sewel convention broken by Brexit. Conventions are seen throughout the entire constitutional system. An important example is that the monarch gives royal assent to ALL bills in Parliament.

The rule of law :

Often described as the second pillar of the constitution, the main principles include :

- No one can be punished without a trial. - No one is above the law or treated differently. - Common law establishes principles of the Constitution.

An example being the 2009 expenses scandal, which led to 8 criminal charges for MPs and Lords.

Changes to the UK Constitution: A lot can be credited to Blair's government, whereby 12 constitutional bills were introduced in the 1st Parliamentary session. Examples include the House of Lords Act 1999, which removed all but 92 hereditary peers and allowed for more 'people's peers'; it still did not allow for elected peers. It also introduced life peers who were appointed based on merit. The Constitutional Reform Act 2005, which created a Supreme Court, the highest court, with more independence and a separation of powers. A proposed reform was the House of Lords bill 2012, which PROPOSED that a reformed lord should comprise 80% elected members and 20% nominated, removing hereditary peers completely.

Acts that granted greater democracy in the political system -

1. Referendums Act 1997 ( Scotland and Wales), which allowed referendums to be held in Scotland and Wales over the creation of devolved assemblies. 2. Greater London Authority Act 1999, which allowed for a directly elected mayor of London. 3. Political Reform and Social Responsibility Act 2011, which granted the direct election of police and crime commissioners. 4. 2011 Fixed Term Parliament Act, which introduced fixed parliamentary elections, and ruled that early elections could only occur if 2/3 majority of the House of Commons voted for it or a motion of no confidence was passed. However, in 2017, Theresa May overrode this Act by calling for an early election by a motion known as an Early Parliamentary General Election, which only needed a simple majority to pass.

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