Principles Of The Constitution

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What are the 5 principles of the constitution?

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-parliamentary sovereignty

-the rule of law

-parliamentary government

-constitutional monarchy

-EU membership

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PARLIAMENTARY SOVEREIGNTY:

-Why is sovereignty a key concept in all constitutions?

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Because it defines the location of supreme constitutional power. If constitutions define the duties, power and functions of the various institutions of government, the sovereign body, or any body that shares sovereignty, has the ability to shape or reshape the constitution itself. In this way, it defines the powers of subordinate bodies

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In the UK, where is sovereignty located and what form is it?

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-In parliament: technically, the 'Crown in Parliament'. It is strictly a form of legal sovereignty: parliament can make, unmake or remove any law it wishes

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What is the status of the UK constitutions principle of parliamentary sovereignty?

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It is without doubt the most important, but also the most controversial

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What is the first reason for doubts about the accuracy and continuing relevance of parliamentary sovereignty?

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S1. parliament has not, and never has been politically sovereign: it has the legal right to make amend or unmake any law it wishes, but doesn't always have the political ability to do so. For example, in theory parliament could abolish elections, but this would result in widespread protests, if not popular rebellion

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Because if this, what are the main political constraints on parliamentary sovereingty?

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-powerful pressure groups, esp major business interests

-public opinion, particularly electoral pressures

-the views of major trading partners, eg the USA and leading EU states

-the policies of international organisations, such as the EU, WTO and the UN

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What is the second reason?

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There has been a shift from parliamentary sovereignty to popular sovereignty . Evidence of the growth of popular sovereignty can be seen, for example, in the wider use of the referendums, the establishment of popularly elected devolved assemblies, and in more clearly defined citizen's rights, particularly through the Human Rights Act

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What is the final reason?

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Parliament may no longer be legally sovereign: this view has developed primarily as a result of the constitutional implications of EU membership. It is also implied by the idea that devolution has resulted in quasi-federalism, reflected in the relectance, or inability, of Parliament to challenge decisions made by devolved bodies

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What about the principle of rule of law?

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the second key principle of the UK constitution: It has traditionally been seen as an alternative to a codified constitution, showing that even in the absence of higher law, government is still subject to legal checks and constraints . Government is not 'above' the law

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Explain the principle of parliamentary government

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The UK's constitutional structure is based on a fusion of powers between the executive and parliament: what is meant by parliamentary government. Government and parliament are overlapping and interlocking institutions. Government governs in and through parliament

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What controversies have arisen about as a result of the combination of the principle of parliamentary sovereignty and parliamentary government?

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The close relationship between government and parliament can lead to a situation in which the executive can use the sovereign power of parliament for its own ends. This gives rise to the problem of elective dictatorship

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Explain the principle of constitutional monarchy

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Although the monarchy lost its absolute power long ago, it remains a constitutionally significant body in the UK. During the 19th century, most of the monarchy's remaining powers were transferred to ministers accountable to Parliament, esp the PM. In 1867, Walter Bagehot distinguished between the dignified (monarchy and house of lords) parts of the constitution to the efficient parts (the cabinet and house of commons). According to him, dignified institutions still played a vital role even if they didn't exercise meaningful political power. The role of the monarchy was to promote political allegiance, to serve as a symbol of political unity above the 'rough and tumble' of conventional party poitics. According to Walter Bagehot, and the same still applies, the monarch has the right to be informed, be consulted, to warn and to encourage

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Explain the principle of EU membership

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Membership of the EU/EC has had growing constitutional implications for the UK. These have focused on the role and significance of Parliament, and whether parliament can any longer be viewed as a sovereign legislature. Sovereignty in the UK is now best understood as 'parliamentary sovereignty within the context of EU membership'

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What are the 3 main ways European membership enroaches on parliamentary sovereignty?

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1. European law is higher than statute law: established by the Factortame case in 1991, when the European law of justice quashed sections of the Merchant shipping act 1998 because they conflicted with the provisions of the Treaty of Rome

2. Some EU bodies, notably the European commission, have supranational powers: Eu bodies can therefore impose their will on member states regardless of the stance taken by national legislatures. So, Parliament therefore has no power to resist or ignore directives that are issued by the commission

3. the decline of the national veto: the national veto served to protect parliamentary sovereignty by allowing any member state to block EC/EU measures that threatened vital national interests. But, a larger proportion of decisions have come to be made by the EU's key decision making body, the council of ministers, by what is called qualified majority voting

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However, why may parliamentary sovereignty remain relevant? (2 reasons)

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1. In joining the EC, parliament did not and could not bind its successors. The principle of parliamentary sovereignty remains alive and is embodied in parliaments continuing power to leave the EU. Any loss of Parliament's legislative authority therefore happens because parliament tolerates it

2. European intergration has not eroded parliamentary sovereigtny so much as 'pooled' it: member states can achieve more when they work together through the institutions of the EU than they can when they operate as independent nations. The pooled sovereignty of the EU is therefore greater than the collective national sovereignties of member states