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Politics
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Politics
Power
Questions
● If a constitution is codified (i.e. written and recorded in a single document) it dominates over
statute law - if a law is unconstitutional, it is considered to be null ab initio
● If a constitution is uncodified (i.e. unwritten) its various aspects are capable of being overwritten
via legislation
● On the nature of a constitution, Scott Gordon defined it as containing ‘institutionalized
mechanisms of power control for the protection of the interests and liberties of the citizenry,
including those that may be in the minority" - we will be exploring the nature of constitutional
protection and the potential for elective dictatorship later on today
Other
Consti
tu t io n
nstitu ti o n
UK Co
● Parliamentary sovereignty - Parliament is the ultimate source of power and law. The law itself
is centralised in Acts of Parliament, and Parliament cannot ‘bind itself’ - it is capable of making
and unmaking any laws that fall within its democratic mandate
● Rule of law - the law is the highest form of authority and applies to everyone, irrespective of
status. Lord Bingham stipulated that this means the law is predictable and equally applicable to
all.
● Democracy - working in tandem with the above, democracy is a cornerstone of the UK. FL
Neumann (1957) stipulated that ‘true’ democracy lies not so much in electing representatives, or
in referendums, but ‘ in the making of politically responsible decisions" and in "large-scale
social changes maximising the freedom" of humankind’.
● Internationalism - stemming back to the Magna Carta, internationalism stipulates the
importance of both trade and international oversight of our laws.
Structure of the UK Government
Westminster model – strong, centralised government run by disciplined
parties. Features include:
- Uncodified and easily amendable constitution
- Doctrine of parliamentary sovereignty concentrates central power
- Executive (implementation of policy) and legislature (passing laws) are fused,
with former being dominant
- Government ministers are bound by collective responsibility – party
discipline is imposed
- An independent judiciary upholds rule of law (the relationship between the
individual and state is governed by law, not arbitrary state action) but cannot
strike them down
- Sub-national government is largely absent and local government is weak
- Representative democracy means government is accountable by elections
NOW: You have fifteen minutes to research your given
country’s political model. You should look at:
Parliamentary sovereignty
Rule of Law
Independent judiciary
Lack of sub-national
government
Representative democracy
EXPLAIN, WITH
EXAMPLES, THE What Makes Good Explanation?
Politics
centrally
concentrated power
power divided
between tiers of
government
Achieve More! On a spectrum, how far do
you think the UK has moved from a
Electoral Majoritarian system
Proportional majoritarian extreme to a degree of
representation
System
produces single-
party governments
produces coalition
government
consensual democracy?
SOVEREIGNTY. (9
MARKS)
EXPLAIN AND Devolution – granting primary legislative powers to member states of the United Kingdom. This
means that Parliament doesn’t have total legislative control over some aspects – 2016 Scotland
ANALYSE THREE Act, which stipulated the need for a referendum. This means that there is a fundamental block to
Parliament being able to undo this Act – this is relatively unprecedented, and also places
ultimate control not in Parliament but in the people.
THREATS TO
PARLIAMENTARY Referendums – requiring the people to vote on a particular issue. This threatens Parliamentary
Sovereignty since it allows for popular power. Reform of the Electoral System in 2010 – had a
SOVEREIGNTY. (9 turnout of 60%. However, Parliament can technically ignore these, meaning they are not a total
threat to their power (although doing so will damage their legitimacy and authority).
Furthermore, Parliament isn’t bound from campaigning in these, meaning the Executive can
MARKS)
have some say in how they proceed.
Examples w.
What Why
exploration
INDEPENDENT STUDY
● WRITE UP ESSAY RESPONSE
● CREATE A CONSTITUTION FOR YOUR OWN COUNTRY
● READ ‘THE UK CONSTITUTION: A SUMMARY, WITH
OPTIONS FOR REFORM’ (CAN BE FOUND HERE)
1. Citizenship
How is citizenship determined in your nation? Can citizenship be revoked? Will there
be citizens with different rights?
2.Who is allowed to vote NOW: In small groups you need to
What is the criteria for the right to vote? What is the age for voting? Is there a literacy
test or some other qualification for voting? Is voting mandatory or voluntary?
create a country and its constitution.
3.How are the leaders chosen Obviously, it will need a name, but also
Are the leaders chosen through voting? Are there hereditary positions? What are the
elected positions? Does the strongest rules? need a constitution - use the eight
4.What basic rights do people have principles to the left to construct this
What rights are guaranteed by the government?(freedom of speech, freedom pf press,
right to private property, etc.)
5.How is the judicial system organized THEN: In your group, be prepared to
Is there a jury system? Is there a judge who decides cases? Are there different levels of
courts? How can you appeal a conviction? What happens to the rights of those present your country’s constitution to
convicted of crimes, do they lose their citizenship? the class
6.How is the government funded
Will the government have the right to make taxes? Will the government control
businesses and use that money to run the Island?
7.What property rights do people have
Achieve More! Be prepared to analyse
Can people own homes, businesses, land, etc.? your country’s constitution - what are its
8.What provisions are there for changing the constitution?
Can the constitution be amended? If you want to change things do you have to scrap the
relative strengths and weaknesses?
whole thing and start over? Who decides on changes?