Lecture 1 – What is a Constitution and Features of the UK Constitution
What is a constitution
→ Set out laws of a state
→ UK- England, Wales, Scotland, N. Ireland
→ England is biggest- most power
“set of rules which define the institutions of government, assign to them areas of operation,
set limits to functions, prescribe rights and obligations of non-governmental interests… very
reason for existence of these rules is to define, organise, contain and enhance the exercise
of political power and the content responds to historical, social, economic and political
developments”- Peter Hanks
“set of arrangements that enjoys popular legitimacy, enabling people to be governed in a
way they regard as acceptable. Can be achieved by having a debate about what the
constitution should contain and then holding a referendum on its contents. Constitutions
reflect a consensus in how the country should be run” – Professor Mark Elliot
“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”-
Professor David Feldman
→ Sets out rules which define institutions of government- 3 central; executive,
legislature and judiciary
→ Limits functions of institutions of government- limit judiciary
→ Popular support- reflects consensus- voting on content of constitution
→ Allocated power in morally acceptable way- can be disagreements between people-
general agreement
→ Line between governmental power and individual freedom- fundamental rights
→ Establishes rights and obligations of non-government e.g. obligation to follow state,
but also right to have your life protected by the state
→ Ensure accountability of government
→ Provide permanency- basic rules of how country operates don’t change all the time
Key Features of UK Constitution
Not an unwritten constitution- rather uncodified
One of 3 democracies in the world without a collated and written down
document.
Contains several sources- statutes, common law, court judgement,
constitutional conventions.
What is a constitution
→ Set out laws of a state
→ UK- England, Wales, Scotland, N. Ireland
→ England is biggest- most power
“set of rules which define the institutions of government, assign to them areas of operation,
set limits to functions, prescribe rights and obligations of non-governmental interests… very
reason for existence of these rules is to define, organise, contain and enhance the exercise
of political power and the content responds to historical, social, economic and political
developments”- Peter Hanks
“set of arrangements that enjoys popular legitimacy, enabling people to be governed in a
way they regard as acceptable. Can be achieved by having a debate about what the
constitution should contain and then holding a referendum on its contents. Constitutions
reflect a consensus in how the country should be run” – Professor Mark Elliot
“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”-
Professor David Feldman
→ Sets out rules which define institutions of government- 3 central; executive,
legislature and judiciary
→ Limits functions of institutions of government- limit judiciary
→ Popular support- reflects consensus- voting on content of constitution
→ Allocated power in morally acceptable way- can be disagreements between people-
general agreement
→ Line between governmental power and individual freedom- fundamental rights
→ Establishes rights and obligations of non-government e.g. obligation to follow state,
but also right to have your life protected by the state
→ Ensure accountability of government
→ Provide permanency- basic rules of how country operates don’t change all the time
Key Features of UK Constitution
Not an unwritten constitution- rather uncodified
One of 3 democracies in the world without a collated and written down
document.
Contains several sources- statutes, common law, court judgement,
constitutional conventions.
