AS Government and Politics

Unit 2: Governing the UK

4 units• The Constitution• Parliament

• Prime Minister and Cabinet• Judges and Civil Liberties

THE CONSTITUTIONThe things you are going to need to know:

• Codified and Uncodified Constitutions• Written and Unwritten Constitutions• Rigid and flexible Constitutions• Unitary and Federal Constitutions• Sources of the UK constitutions • Principles of the UK constitution• Strengths and weaknesses of the UK Constitution• The changing constitution (Blair and Brown/ Cameron

and Clegg)

So what is a CONSTITUTION?

• RULES THAT GOVERN THE GOVERNMENT (Check and constrain a government)

• So a government under a constitution is called a LIMITED GOVERNMENT (a government which is subject to limitations and checks- providing protection for the individual)

• A LIMITED GOVERNMENT is the opposite of an ARBITARY GOVERMENT

Examples of LIMITED Government?

Examples of ARBITRARY Government?

Pre 1688 (the Glorious Revolution)

You need to research and find out what is meant by:

• Codified and Uncodified (written and unwritten) Constitutions

• Unitary and Federal Constitutions• Rigid and Flexible Constitutions

WRITE AN EXPLANATION OF EACH USING ALL THE RESOURCES

Codified Constitution• A SINGLE authoritative document laying down

the core principles of government.• The codified constitution outlines the powers,

duties, and functions of the major institutions of government.

Features of a Codified Constitution

1. It is AUTHORITATIVEIt provides the highest law of the land (trumps other laws)2. It is ENTRENCHEDIt is SOLID, wont be moved – very hard to change or amend. 3. Its is JUDICABLE- all political bodies are subject to its authority (no-one is exempt from the constitution)

The Constitution of the United States of America

• This codified constitution was put into effect in 1789.

• Read over it briefly• Why do you think the American people are often

proud of their constitution?• What do you think are the strengths of having a

written/ codified constitution?• What do you think are the weaknesses of having a

written/ codified constitution?

Uncodified Constitutions?

• Only three liberal democracies have Uncodified constitutions (the UK, Israel and

New Zealand)• Rules that govern the Government are found

in a variety of sources (no single written document)

Features of an Uncodified constitution

1. The constitution is NOT authoritative- takes the same status as ordinary laws.

2. The constitution is NOT entrenched. The constitution can be changed easily (e.g. UK Parliament can change and amend any laws it likes because of parliamentary sovereignty)

3. Uncodified constitutions are NOT judicable (judges do not have a legal standard in order to declare anyone's actions as being ‘constitutional’ or ‘unconstitutional’)

Judge has to look to all sorts of sources to come up with conclusions (which we look into in much more detail)

In countries where there is a codified constitution a judge has a document to

judge actions against. Not just individuals but political bodies too.

Unitary and Federal Constitutions

Unitary ConstitutionA government that concentrates power in a

single body of national government.

Federal Constitutions• A constitution where power is shared at two

levels. Firstly the central/ federal level and secondly the regional/ state level.

• Both levels have powers that the other cannot encroach on.

Examples: Germany, Australia, CanadaUnited states: e.g. Federal Level can declare war. Regional level can organise education.

Rigid and Flexible Constitutions

• So you would assume that codified constitutions are rigid and uncodified flexible but this is not always the case….

• In the US, judges need to interpret the constitution when making decisions so there is some room here for flexibility.

• Some aspects of the UKs uncodified constitution have remained incredibly unchanged for example the Royal Prerogative

The Royal Prerogative

‘The body of powers, immunities and privileges that are recognised in common law as belonging to the crown; these powers are now more commonly exercised by ministers then

the monarch’Officially speaking (although not always the case in reality) the

queen has the power to:-Appoint and dismiss the Prime Minister

- Some other powers of appointment (ministers, peers, senior C of E officials, head of BBC, senior civil servants)

- Approves all statutes of law- Ability to pardon

- Ability to declare war

Summary of what a constitution is…

• Revision resource:• An A3 poster on Constitutions

• What they are, different types and examples.

The sources/ different parts of the UK Constitution

Remember the UK has an uncodified constitution (SO IT IS NOT ONE SINGLE DOCUMENT)

Sources of the UKConstitution

Works on constitutional authority

ConventionsStatute Law

Common Law

EU laws and Treaties

Statute Law• AKA- Acts of Parliament• Formal, written law• The single most important source of the

constitution (outranks all other sources)• If statute law conflicts with conventions or common

law then statute law will overrule. • Constitutionally significant statute law examples:• Parliament Acts of 1911 and 1949 (limiting powers

of house of Lords)• European Community Act (1972)• Scotland Act 1998 (established Scottish Parliament

Act)

Common Law• A body of laws based on tradition and custom.• Long established practices which have come to have legal

status.• Common law is refined and evolves. Common law looks

to decisions made by judges in the past.• So common law is seen as ‘judge’ made, whereas Statute

law is seen as ‘politician’ made. Example of common law:

Royal Prerogative: ‘The body of powers, immunities and privileges that are recognised in common law as belonging

to the crown; these powers and now more commonly exercised by ministers then the monarch’

Conventions• Non- legal rule or expectation of conduct or

behaviour• They are unclear and hard to define

EXAMPLES:• The government resigns or calls an election if a major

bill is defeated by the house of commons. (but if the government chose not to do this then they are not breaking the law- but people would protest!)

• The Queen agrees to every act which is passed in both houses by signing a bill (if she did not do this she would be challenging democracy and could lead to problems for the monarchy)

Works of constitutional authority

• Basically books written by people who know A LOT about politics and who are worth listening to!

• These books could make conventions easier to understand and put them into context.

• The authors can give an informed interpretation of how the constitution should be interpreted.

• An example which will keep referring to is Walter Bagehots ‘The English Constitution’ (1963)

EU Laws and Treaties• The UK joined the EUROPEAN COMMUNITY in 1973 so

became subject to a number of laws and treaties. • The EUROPEAN COMMUNITY became the EUROPEAN

UNION in 1993• European law has gradually gained higher status over UK

Statute law and this has been an area of concern for many and played spark to much debate.

Significant EU laws and Treaties:Single European Act (1986) This was the treaty that

established a single market within the EU (free movement of goods, services and capital)

Treaty on European Union (1993): Political union, although UK opted out of the single currency (monetary union) the Euro.

Sources of the ConstitutionOrganise the examples into the sources

• Statute Law• Common Law• Conventions

• Works of Constitutional Authority• EU Laws and Treaties

Your Opinion on the Sources

• Which do you think is the most important source of the UK Constitution and why?

• Which source do you think is the least important and why?

• Which source do you believe to by the most controversial and why?

Principles of the Constitution

What is the difference between SOURCES and PRINCIPLES of the Constitution?

Foundations of the System

PRINCIPLES OF THE CONSTITUTION

Parliamentary Sovereignty

The Rule of LawParliamentary Government

Constitutional Monarchy

EU Membership

Group work

• You will be given one of the principles of the UK Constitution to research and explore.

• Your task is to gather information and examples and explain in the form of a short presentation the significance of the principle.

• You may use PowerPoint but will also need to put together a hand-out for the other members of the class

Parliamentary Sovereignty• Sovereignty= The principle of absolute and

unlimited power.• So what is Parliamentary Sovereignty?• So Parliament has the power to shape or reshape

the constitution. • It can make and amend any laws• However there is debate over the nature of

Parliamentary Sovereignty…

Three reasons why Parliamentary Sovereignty is questioned…

• Parliament is not really sovereign...it is constantly put under pressure from pressure groups, public opinion, pressure from major traders (eg. USA), the UN and EU.

• There is increasing use of referendums. These have also led to devolved assemblies.

• Increased pressure from the EU

The Rule of Law

• Law applies to all• Private and Public bodies

• Government still has some legal checks and constraints

• Government is not ‘above’ the law

Parliamentary Government• The government governs in and through

parliament.• Government- made up of the ministers

including the Prime Ministers. Voted in. • Parliament- debates issues and make laws

(house of commons and lords)

Constitutional Monarchy

• The monarchy does not have as much power as it used to (a lot of powers have been transferred to ministers)

• But the monarch still sits as a symbol of nationalism. A figure to inform, consult, warn and encourage.

• Walter Bagehot distinguished between the ‘dignified’ and ‘efficient’ parts of the constitution.

• Dignified: Long established respected bodies of the politics

• Efficient: The cabinet and house of commons (‘rough and tumble’)

EU MembershipThe UK is a member of the European Union and is

therefore a principle of the UK Constitution. The European Union:

A group of European governments which work together. Rules and regulations must be followed

as a member in return countries receive some benefits. Countries have to pay to be a member.

The EU uses money to change the way people live and do business in Europe .

Produce an information page about the EU…

• Members• Dates

• Arguments for and against membership• Some examples of treaties

• How European parliament work• Different sections of the EU

Does the EU threaten Parliamentary Sovereignty?

YES- EU law is higher then statute law

(this became clear in 1991 when the EU dismissed the Merchant Shipping Act as it conflicted with an EU Treaty)

- The European Commission is able to impose its will on member states regardless of the opinions of member states

- It is difficult for the UK to argue against (VETO) European bills and treaties. Decisions about EU legislature is not put through parliament but though a ‘Council of Ministers’ who are more

informed about EU matters.

Does the EU threaten Parliamentary Sovereignty?

NO- Parliament has the continuing ability to LEAVE the EU

if it desires. SO any loss of parliamentary power occurs because parliament tolerates it (not because it is forced to). Although, most of the UK’s trading is with EU states- so means that leaving the EU would

be economically damaging.- The EU has not weakened Parliamentary Soverignty

but ‘pooled’ it. This is the idea that European States can achieve more when they work together then when they are separate (so being part of the EU

actually enhances power and influence)

Examine the view that the EU puts Parliamentary Sovereignty at risk

(40 Marks)

Strengths and Weaknesses of the UK Constitution

In partners/ small groups aim to come up with three strengths and three weaknesses

of the UK Constitution.

STRENGTHS of the UK Constitution

FlexibilityDemocratic Rule

Effective Government

History and Tradition

Flexibility• It is quick to make new laws • The constitution is not entrenched so is easy

to change• Easy to keep the law up to date (react to social

changes)• EG. The introduction of devolution was a

reaction to the increased nationalism in Ireland and Scotland.

Democratic Rule• Changes to the constitution come about due to

democratic pressure. • Social and Economic changes can be reflected in

political debate in the House of Commons. MPs can take concerns of their constituents to the house and acts can be passed.

• E.g. The powers of the House of Lords was reduced due to acts of Parliament as it was thought of as unfair that an unelected chamber should be able to block the policies of an elected government.

Effective Government • Government decisions which are backed by parliament

cannot be overturned by any judiciary (no judge can say that any acts are ‘unconstitutional’, as there is no constitution)

• The system of Parliamentary government means that governments usually get their way.

• Governments are able to make effective changes and lots of them, quickly

• Eg. The Attlee governments of 1945-51 (set up the NHS, introduced national insurance, nationalised industries)

History and Tradition

• A constitution based on tradition and custom• Makes links between generations• The constitution has grown and developed over

time• It has not just been ‘ created’ like the American

constitution.• Rules and Principles has been ‘tested by time’• Mainly in relation to the ‘Dignified’ parts of the

constitution (House of Lords/ Monarchy)

Weaknesses of the UK Constitution

UncertaintyElective

Dictatorship

CentralisationWeak

Protection of Rights

Uncertainty• It is sometimes difficult to know what the

constitution actually says. Convention and common law is not clear.

• For example the convention of ministerial responsibility: What happens if there is a ‘blunder’ by their department. Does the minister resign, or the whole department or the civil servant who made the mistake??

• Sometimes the constitution feels as though it is just made up as we go along…

Elective Dictatorship

• Drawing attention to the fact that once a government is elected it can act as it wishes until it comes up for re-

election. This is due to two factors:1. Sovereign Power is invested in Parliament2.Parliament is routinely controlled, even dominated, by the government of the day.

Concentrating power in the hands of the executive allows the government to shape and reshape the constitution how it

wishes. Which could make one believe that there is no constitution at all…

CentralisationOver centralised system of government (branches of government not checked enough). Liberal democracies are supposed to ensure no corruption or tensions between government branches.

But in the UK, power is concentrated in a small group of people:

• The prime minister tends to dominate the cabinet• The house of commons is more powerful then the

house of lords• The executive usually controls parliament• Central government controls local government.

Thomas Hobbes said ‘Liberty is power cut into pieces’- so why would he be concerned about the UK Constitution?

Weak protection of Rights• Apart from elections there is nothing which forces

government to protect the rights and freedoms of the individual

• Elections empower the majorities alone• In the UK individual rights tend to be found in common law• But more recently The Human Rights Act (1998) defines

rights more clearly and makes it easier for judges to defend the individual.

• However it is still not entrenched and in some situations the government can oversee this bill (for example in terrorist legislation)

‘The UK Constitution is no longer fit for purpose’Discuss

(40 marks)

Which weakness is the biggest concern and why?

‘The advantages of a codified constitution now outweigh its

disadvantages’ Discuss(40 marks)

The changing constitution..

WHO IS..Tony Blair?!

British labour party politician and prime minister between 1997 and 2007

Blair led Labour to a landslide victory in the 1997 general election, winning 418 seats, the most the party has ever held.

Under his leadership, the party used the phrase "New Labour" to distance it from previous Labour policies.

SO…how did Blair's government change to constitution?

‘New’ labour wanted reform for the following reasons:• They were the opposition party for 18 years so they began

to think like a third party- so they hoped constitutional reform would prevent this from happening again

• They saw that a coalition with the liberal democrats may be possible- so decided to show sympathy for reform (as liberal democrats love it!)

• They wanted to tighten up checks and balances after the Thatcher governments reforms

• They wanted to strengthen Labours position in Scotland so promoted devolution ideas.

• Wanted to end conservative control of the House of Lords.

So what were Blair's reforms…?• Scottish and Welsh assemblies created• Northern Ireland assembly created in 1998 as part

of the larger ‘Good Friday Agreement’.• A greater London authority created (including a

Mayor and Greater London assembly)• Referendums used to approve creation of new

government bodies • The Human Rights Act passed (1998)• ‘Stage 1’ of the reform of the House of Lords

carried out in 2000- removal of all hereditary peers (apart from 92).

These reforms caused momentum for further change..

• The devolved assemblies gained an appetite for further independence (The Welsh assembly wanted the same powers as the Scottish)

• There was also speculation over ‘stage 2’ of the reform of the House of Lords (speculation of a replacement to the House of Lords- possibly a second elected chamber)

Criticisms of Blair's reforms

• Enthusiasm from the party for reform quickly faded as Labour had a surprising victory and did not want to lose power. (Elections reforms abandoned and no ‘phase 2’ of House of Lords reform)

• The reforms were random and not connected- no clear line of constitutional reform- no blueprint.

• The reforms did not address the deeper, long term issue of ELECTIVE DICTATORSHIP

• The government retreated on many claims: Electoral reform at Westminster, Elected 2nd chamber, possibility of a codified constitution or an entrenched Bill of Rights.

The changing constitution..

WHO IS..Gordon Brown?!

James Gordon Brown (born 20 February 1951) is a British Labour Party politician who was the Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 until 2010.

He previously served as Chancellor of the Exchequer in the Labour Government from 1997 to 2007.

Gordon Browns main aim:TO SURRENDER OR LIMIT THE POWERS OF THE

PRIME MINISTER AND THE EXECUTIVE

Gordon was not pleased with the amount of power the Prime Minister had due to the ROYAL PREROGATIVE. (The

Prime minister had no need to consult parliament)

SO…he proposed a number of conventions and the ‘Constitution Act’

So Gordon Brown took away/ adapted the prime ministers ability to:

• Declare war• Request a dissolution of Parliament• Recall Parliament (parliament now allowed)• Ratify international treaties (parliament now involved)• Make public appointments (parliament now involved)• Overseeing intelligence agencies (parliament now involved)• Choose Bishops (parliament now involved)• Appoint senior judges (parliament now involved)• Direct Prosecutors (parliament now involved)• Set rules for Civil Service (parliament now involved)• Set rules for pardons and passports (parliament now involved)

Were Gordon Browns proposals radical?

• Yes! They went a long way in transferring power from the monarchy into parliament.

• No! Still the government of the day controls parliament through majority in the House of Commons (so fear of having to consult parliament is not a problem!)

How far did the reforms of Blair and Brown lead to a more codified Constitution?

The constitution under Cameron and Clegg

David Cameron: David William Donald Cameron born 9th October 1966) is the Prime Minister of the United Kingdom and Leader of the Conservative Party.

Cameron studied Philosophy, Politics and Economics (PPE) at Brasenose College Oxford, gaining a first-class honours degree in 1988.

His government introduced a nationwide referendum on voting reform in 2011, a Falkland Islands sovereignty referendum in 2013, agreed a Scottish independence referendum, due to be held in September 2014, legalised same-sex marriages and promised an 'In/Out' Referendum on the European Union in 2017.

Nick Clegg: Nicholas William Peter "Nick" Clegg (born 7

January 1967) is a British politician who since 2010 has been Deputy Prime Minister of the United

Kingdom and Lord President of the Council (with special responsibility for political

and constitutional reform), as part of the coalition government headed by

Prime Minister David Cameron.

So what things did the Coalition government do straight away?

• They proposed the ‘55% rule’

• So a vote of no confidence needs to be 55% not 51% in order for parliament to be dissolved effectively leading to an election.

• The reason behind this was so that no party could deliberately cause parliament to be dissolved when they are ‘up’ in the opinion polls.

• The proposal was rejected by many conservative MPS due to the threat it posed to parliamentary power.

Fixed Term Parliament• It was decided quite quickly by the coalition

that parliaments would now be fixed to a five year period (whereas before parliament would have a maximum of 5 years)

• WHY? A way of safeguarding the government of the day from popular pressures (although this does decrease the power of the Prime Minister as before he/she was able to decide the date of the next election.

The coalition and constitutional reform…• Liberal democrats traditionally VERY supportive of

constitutional reform. This is because they are seen as a ‘3rd party’ so look to find ways to constrain larger parties.

• Traditionally concerned about the ‘corrupting’ nature of government (needs to protect individual freedom)

• So liberal democrats went into the coalition hoping for constitutional change and the conservatives supported this therefore Nick Clegg was made personally responsible for constitutional change. He decided to tackle constitutional change from a number of angles….

Coalition Constitutional Reforms

Electoral Reform

Lords Reform

Bill of Rights and Judiciary

Europe

Devolution

How and why has pressure for

constitutional change grown in recent years?

Electoral Reform• Proposals for the way people vote to change• How MPs are voted into the House of Commons• Moving from ‘First past the Post’ to ‘Proportional

Representation’ (favouring the STV system) WE WILL COVER THESE CONCEPTS IN OTHER UNITS

• Conservatives VERY against this so referendum held.

Lords Reform

• Liberal Democrats and Conservatives agree that what is needed is an elected second chamber.

• However, many conservatives against this. They are attracted to the benefits of being nominated and a second chamber may become a rival to the commons.

Bill of Rights and Judiciary

Liberal Democrats and Conservatives disagree on this:

• Conservatives: Want a British Bill of Rights (separate from the Human Rights Act)

• Lib Dems: Support a Bill of Rights but believe it needs to be entrenched so to prevent and constrain government.

What is a ‘Bill of Rights’?A formal declaration of the legal and civil rights of the citizens of

any state, country, federation.

Europe• Conservatives sympathetic for E.U• Liberal Democrats are Euro sceptical

So…….REFERENDUM

Devolution

• Coalition agreed to hold a referendum on further Welsh devolution

• A commission formed to explore the ‘West Lothian Question’

• ‘West Lothian Question’: That due to devolution MPs in Wales and Scotland have a say in Westminster but English MPs do NOT have a say in Scotland and Wales

A Codified Constitution??Main Issues:

• There is no system, no mechanism in which the UKs political system could establish higher law (parliament cannot ‘bind’ itself into something new)

• Only way to write a constitution would be a cross- party constitutional convention (to draw it up together) followed by a referendum.

• But the main parties would disagree with the main content of the constitution- they would need to agree on all parts!

A Codified Constitution??Main Issues Cont:

A written constitution would bind the citizens and the government of that day…there would be

no room for the relationship between the government and the people to evolve and react

to social, economic changes.

‘Recent constitutional reforms in the UK have removed the need for a

codified constitution’Discuss