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Constitution Notes

What is a constitution? * A constitution is a body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. * A ‘constitutional govt.’ is a govt. that functions according to rules laid down in a constitution * Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system
Codified or uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the judges and courts. 4. Recent developments like the 1998 HRA now protect our human rights therefore the argument for a written one which protects civil liberties is flawed. |

Sources of the UK constitution- 1) Statute law. 2) Acts of parliament-e.g. Parliament ACT 1911 (HOL 2 years)-Human Rights Act 1988 3) Common Law- e.g. Laws developed by judges through the decision of…...

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