starter activity How do you know what are the school rules? Who makes the rules? Why do we all abide by them? Who decides if the rules have been broken?

starter activity

How do you know what are the school rules?

Who makes the rules? Why do we all abide by them? Who decides if the rules have been

broken?

What is the What is the British British

Constitution?Constitution?

Lesson overviewLesson overview

What are the sources of the UK What are the sources of the UK constitutionconstitution

What is the rule of law?What is the rule of law? What is parliamentary sovereignty?What is parliamentary sovereignty? What is a unitary state?What is a unitary state?

What are the sources of the What are the sources of the constitution?constitution?

Set of laws / rules by Set of laws / rules by which a country is which a country is governedgoverned

Uncodified (Israel & NZ)Uncodified (Israel & NZ) StatutesStatutes; ; Magna CartaMagna Carta of of

1215, 1215, Bill of RightsBill of Rights, 1689, 1689 Political Political conventionsconventions Common or case lawCommon or case law Constitutional experts, Constitutional experts,

e.g. Walter Bagehot, e.g. Walter Bagehot, Erskine May and A.V Erskine May and A.V Dicey. Dicey.

Walter Bagehot

What is the rule of law?What is the rule of law? A V Dicey, An A V Dicey, An

Introduction to the Introduction to the Study of the Law of the Study of the Law of the Constitution (1884)Constitution (1884)

Key principle of UK Key principle of UK ConstitutionConstitution

Abide by legal rulesAbide by legal rules No arbitrary decisionsNo arbitrary decisions No punishment without No punishment without

breach of law breach of law Everyone subject to Everyone subject to

same lawsame law

Lord Falconer, Lord Chancellor

What are the threats to the What are the threats to the rule of law?rule of law?

Official Secrets Act Official Secrets Act Possible end to trial by Possible end to trial by

jury jury Activities of MI5, MI6 Activities of MI5, MI6

(especially after 9/11) (especially after 9/11) Removal of traditional Removal of traditional

rights (e.g. TU rights (e.g. TU membership at GCHQ, membership at GCHQ, though reinstated since though reinstated since 1997) 1997)

Gagging clause signed by Gagging clause signed by members of Civil Service ( members of Civil Service ( Clive Ponting and Clive Ponting and Belgrano issue after Belgrano issue after Falklands War, 1982)Falklands War, 1982)

What protects the rule of What protects the rule of law?law?

Need for stabilityNeed for stability Respect for traditionRespect for tradition Organisations, e.g. Council of Organisations, e.g. Council of

Tribunals, Parliamentary Tribunals, Parliamentary CommissionerCommissioner

Consent for need for secret serviceConsent for need for secret service

Task OneTask One

Prepare a short speech making a Prepare a short speech making a case for Britain having a fully case for Britain having a fully codified constitution, along the lines codified constitution, along the lines of America’s. Highlight the of America’s. Highlight the disadvantages of the present system disadvantages of the present system before explaining the advantages of before explaining the advantages of codifying the present constitution.codifying the present constitution.

What is parliamentary What is parliamentary sovereigntysovereignty??

Westminster Parliament supreme Westminster Parliament supreme law-making bodylaw-making body

Legislation cannot be overturned by Legislation cannot be overturned by higher authorityhigher authority

Westminster can legislate on any Westminster can legislate on any issueissue

No parliament can bind its No parliament can bind its successorssuccessors

What is a ‘What is a ‘unitary stateunitary state’’

Centralised state, national Centralised state, national institutions at centreinstitutions at centre

Characterised by weak local and Characterised by weak local and ‘subnational’ govt. with little or no ‘subnational’ govt. with little or no autonomyautonomy

No power-sharing, e.g. federal No power-sharing, e.g. federal systems of Germany & USAsystems of Germany & USA

Unitary state or union Unitary state or union state?state?

J. Mitchell, “classic unitary state J. Mitchell, “classic unitary state exhibits high degree of exhibits high degree of standardisation”, i.e. similar systems standardisation”, i.e. similar systems of govt. & political cultureof govt. & political culture

In a union state differences remainIn a union state differences remain

Unitary state or union Unitary state or union state?state?

Wales, invaded by Wales, invaded by England in 1282, Act of England in 1282, Act of Union (1536, 1542)Union (1536, 1542)

Scotland, crowns joined Scotland, crowns joined under James I (1603), under James I (1603), states joined by Act of states joined by Act of Union (1707)Union (1707)

Ireland, Act of Union Ireland, Act of Union (1801) united Irish & (1801) united Irish & British Parliaments, British Parliaments, Ireland Act (1949) Ireland Act (1949) established established acknowledged Irish Free acknowledged Irish Free State and protected State and protected N.IrelandN.Ireland

Royal shield under Queen Victoria

Unitary state or union Unitary state or union state?state?

By mid-C20th Scottish, Welsh & By mid-C20th Scottish, Welsh & Northern Ireland Offices all estd.Northern Ireland Offices all estd.

Decisions made at Westminster & Decisions made at Westminster & imposed on local populationsimposed on local populations

Support for devolution, e.g. 1978 Support for devolution, e.g. 1978 referendums on devolution in referendums on devolution in Scotland & WalesScotland & Wales

1997, devolution for Scotland, Wales 1997, devolution for Scotland, Wales & N. Ireland& N. Ireland

Unitary state or union Unitary state or union state?state?

Scotland: legislative & tax-varying Scotland: legislative & tax-varying powers; responsibility for educ., powers; responsibility for educ., health & local govt.health & local govt.

Wales: secondary legislative authorityWales: secondary legislative authority N. Ireland: similar powers to N. Ireland: similar powers to

ScotlandScotland

What powers do Scotland, Wales & What powers do Scotland, Wales & Ireland now have?Ireland now have?

Task threeTask three

Visit the websites of the three main Visit the websites of the three main UK parties as well as the leading UK parties as well as the leading ‘devolution’ parties like the SNP and ‘devolution’ parties like the SNP and identify their current aims and identify their current aims and manifesto pledges. Present your manifesto pledges. Present your ideas to the class.ideas to the class.

ConventionsConventions

Rules or accepted practices, neither Rules or accepted practices, neither codified nor enforced by law. codified nor enforced by law. Examples include: royal assent to Examples include: royal assent to acts of parliament, appointment of acts of parliament, appointment of leader of largest party to form leader of largest party to form government, PM is a member of government, PM is a member of House of Commons (last instance of House of Commons (last instance of lord, Alec Douglas-Hume, 1963)lord, Alec Douglas-Hume, 1963)

StatutesStatutes

Acts of Parliament. Some acts have Acts of Parliament. Some acts have greater constitutional significance greater constitutional significance than others, e.g. Great Reform Act than others, e.g. Great Reform Act (1832) extending franchise, (1832) extending franchise, Parliament Act (1911) establishing Parliament Act (1911) establishing HoC as dominant chamber, Human HoC as dominant chamber, Human Rights Act (1988) enshrining key Rights Act (1988) enshrining key rights in UK law.rights in UK law.

Common lawCommon law

Legal principles that have been Legal principles that have been established by law courts having established by law courts having interpreted the law. Also customs interpreted the law. Also customs and precedents, e.g. royal and precedents, e.g. royal prerogative to declare war, prerogative to declare war, negotiate treaties, dissolve negotiate treaties, dissolve parliament, appoint ministers & parliament, appoint ministers & judges. Powers are only nominal, judges. Powers are only nominal, and real power lies with PM.and real power lies with PM.

SovereigntySovereignty

Legal supremacy: parliament has Legal supremacy: parliament has ultimate law-making authority.ultimate law-making authority.

Unitary stateUnitary state

““A unitary state is a centralised state A unitary state is a centralised state in which political power is located at in which political power is located at the centre in national institutions”the centre in national institutions”

M.Garnett & P. Lynch, ‘UK Govt. and M.Garnett & P. Lynch, ‘UK Govt. and Politics’ Politics’