CONSTITUTIONAL AND ADMINISTRATIVE LAW NOTES
Lecture 1: What is a constitution? // Key features of the UK Constitution
What is a constitution?
Constitution set out the fundamental rules and law for the state.
They can take many different forms.
Constitution of the United Kingdom of Great Britain and Northern Ireland.
It is composed by three different nations and one region.
England.
Scotland.
Wales.
Northern Ireland.
England has a lot more of power compared with the other states of the UK for that.
It is by far the biggest state of the United Kingdom.
o England: 56.5 million (84.3%).
o Wales: 3.2 million (4.7%).
o N. Ireland: 1.9 million (2.8%).
o Scotland: 5.4 million (8.2%).
It controls a lot of what goes in the UK constitution because of that.
Definitions of Constitution
Peter Hanks: “Constitution is a set of rules set of rules which define the institutions of
government, assign to them areas of operation, set limits to their functions, establish
their inter-relationships, and prescribe the relative rights and obligations of other,
non-governmental, interests. This dual character--political and legal--is not unique to
constitutional law … But constitutional law's combination of these elements is more
overt, more conscious, and more central--indeed, symbiotic: the very reason for the
development and existence of these rules is to define, organise, contain and
enhance the exercise of political power; and the content of these rules responds to
historical, social, economic and political developments”.
He points out the duality character of the constitution (political and legal).
Mark Elliot: “a set of arrangements that enjoys popular legitimacy, enabling people to
be governed in a way they regard as acceptable. This can be achieved by having
debate about what the constitution should contain and then holding a referendum on
its contents. Constitutions reflect a consensus on how the country should be run”.
David Feldman: “The Constitution should allocate power in a manner that is morally
acceptable (reflects fundamental rights) to those over whom it is exercised.
, Constitutional law is ‘expected to confer authority and legitimacy on the process of
governing’. It should limit the capacity to use its powers in arbitrary, anti-social and
unaccountable ways. Constitutions subject states to moral values and principles,
thereby converting brute force into legitimate authority”.
What is a Constitution?
Accountability of Government.
Permanency.
Morally acceptable to citizens.
Popular support of citizens.
Establish rights.
Define institutions and functions.
It should set out the rules which define the institutions of government.
Three central institutions of government:
o The executive.
o The legislature.
o The judiciary.
It should limit the functions of the institutions of government.
o What are they all actually able to do in practice.
It should reflect a consensus about how a country should be run.
It should enjoy popular support among the people.
This is normally achieved by voting on the contents of the constitutions.
o It’s a way to modify things that people believe that are wrong.
How could the status quo be changed if these situations don’t happen?
o Ex: Brexit referendum.
o Ex: Scottish independence referendum.
Allocate power in a way that is morally acceptable to the vast majority of the people.
There is always disagreements about this point.
o Entwined with the religious beliefs of a number of people.
It used to mean to be acceptable to the majority of the people within the
stage.
Establish lines between governmental power and individual freedom.
Lecture 1: What is a constitution? // Key features of the UK Constitution
What is a constitution?
Constitution set out the fundamental rules and law for the state.
They can take many different forms.
Constitution of the United Kingdom of Great Britain and Northern Ireland.
It is composed by three different nations and one region.
England.
Scotland.
Wales.
Northern Ireland.
England has a lot more of power compared with the other states of the UK for that.
It is by far the biggest state of the United Kingdom.
o England: 56.5 million (84.3%).
o Wales: 3.2 million (4.7%).
o N. Ireland: 1.9 million (2.8%).
o Scotland: 5.4 million (8.2%).
It controls a lot of what goes in the UK constitution because of that.
Definitions of Constitution
Peter Hanks: “Constitution is a set of rules set of rules which define the institutions of
government, assign to them areas of operation, set limits to their functions, establish
their inter-relationships, and prescribe the relative rights and obligations of other,
non-governmental, interests. This dual character--political and legal--is not unique to
constitutional law … But constitutional law's combination of these elements is more
overt, more conscious, and more central--indeed, symbiotic: the very reason for the
development and existence of these rules is to define, organise, contain and
enhance the exercise of political power; and the content of these rules responds to
historical, social, economic and political developments”.
He points out the duality character of the constitution (political and legal).
Mark Elliot: “a set of arrangements that enjoys popular legitimacy, enabling people to
be governed in a way they regard as acceptable. This can be achieved by having
debate about what the constitution should contain and then holding a referendum on
its contents. Constitutions reflect a consensus on how the country should be run”.
David Feldman: “The Constitution should allocate power in a manner that is morally
acceptable (reflects fundamental rights) to those over whom it is exercised.
, Constitutional law is ‘expected to confer authority and legitimacy on the process of
governing’. It should limit the capacity to use its powers in arbitrary, anti-social and
unaccountable ways. Constitutions subject states to moral values and principles,
thereby converting brute force into legitimate authority”.
What is a Constitution?
Accountability of Government.
Permanency.
Morally acceptable to citizens.
Popular support of citizens.
Establish rights.
Define institutions and functions.
It should set out the rules which define the institutions of government.
Three central institutions of government:
o The executive.
o The legislature.
o The judiciary.
It should limit the functions of the institutions of government.
o What are they all actually able to do in practice.
It should reflect a consensus about how a country should be run.
It should enjoy popular support among the people.
This is normally achieved by voting on the contents of the constitutions.
o It’s a way to modify things that people believe that are wrong.
How could the status quo be changed if these situations don’t happen?
o Ex: Brexit referendum.
o Ex: Scottish independence referendum.
Allocate power in a way that is morally acceptable to the vast majority of the people.
There is always disagreements about this point.
o Entwined with the religious beliefs of a number of people.
It used to mean to be acceptable to the majority of the people within the
stage.
Establish lines between governmental power and individual freedom.
