The Nature of the UK Constitution

Question 1

What are the features of a Codified Constitution?

Answer 1

• Written in one document at one point in time, difficult to make amendments
• Constitution is entrenched and so requires special measures to be changed e.g referendums etc
• Overseen by a Supreme Court that ensures all laws are compatible with the Constitution, can strike down non-constitutional measures
• ## Can be federal, sovereignty can be maintained at two levels, Supreme Court will adjudicate in case of disputes between the two levels of Government.

Question 2

What are the features of an Uncodified Constitution?

Answer 2

• Derives from many sources, develops organically
• Not entrenched and easy to change
• No supervisory body exists to oversee it, no body to declare an action or law as unconstitutional
• Unitary, if federalism is introduced there is nothing to stop sovereignty being accrued all at one level over time (most likely the upper level

Question 3

What is a Unitary State?

Answer 3

• A state where one body holds all important powers (contrasts with federal states). UK is a unitary state, sovereignty lies with Westminster Parliament
• Membership of EU and advent of devolution questions this, some claim is now a union - four countries but with devolution

Question 4

What is Parliamentary Sovereignty?

Answer 4

• Sovereignty = Decision making within a recognised territory, final authority.
• In UK Parliament is the supreme political power/law-making body
• Statue law overrides common law ,
• Parliament has political and legal sovereignty and is not bound by it’s predecessors
• No laws can be entrenched in the UK Constitution

Question 5

Is Parliamentary Sovereignty being eroded?

Answer 5

• Legislative powers previously moved to the EU, EU law superior to UK law in areas such as trade, agriculture, environment etc
• Power of executive grown considerably in recent decades, political sovereignty to the PM and the Cabinet
• Referendums pass sovereignty to the people, referendums are not binding
• Devolution of powers to Scotland, Waled and Northern Ireland has diminished Westminster sovereignty
• Supreme Court has power to debate Parliamentary laws incompatible with the Human Rights Act

Question 6

What is the Rule of Law?

Answer 6

• All citizens must obey the law and should be equal before it
• Government must obey the law, government must respect rights of UK citizens: everyone has right to fair trial
• The judiciary oversees the law