The constitution

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  • The Constitution
    • what is it?
      • The framework for rules that constrain and sometimes say about the government and the order of it
      • the UK is:written but not codified, unitary or quasi-federal and flexible
      • the sources of the constitution
        • statue law which is made by parliament.
          • Magna Carta 1215, the distinguish of monarch and parliament and habeas corpus
        • common law which is done by judicial rulings over time
          • R v R,  which made law that forced sexual activity in a marriage is now illegal and that consent is needed throughout marriage.
        • conventions are the traditions that have happened throughout history, like royal assent
          • royal prerogative
        • works of constitutional authority are books by authors who know well about the constitutional system
          • Erskine May's parliament
      • principles of the constitution
        • parliamentary sovereignty which is the total and legal sovereignty parliament has in comparison to other departments
        • constitutional monarchy which means the monarch has the right to be informed, warned, encouraged or be consulted about politics e.g royal assent
        • the rule of law which means the leading government of the time needs to be checked, disciplined etc
        • parliamentary government basically what happens in elections of a group of MPS forming a cabinet after party win
    • is the UK constitution fit for its purpose?
      • YES
        • it has the ability to change; flexibility and stays up to date through this.
        • it shows the strong democratic rule, that how HOL through laws doesnt have as much power
        • has not remained old fashioned
        • it has effective gov as laws made by them cant be stricken down
        • laws can be enacted fast
      • NO
        • the constitution may be written but it is not codified, can be tricky to tell apart
        • leaves uncertainty from not being in a singular document
        • the checks for making government accountable arent as effective since 1997 constitutional reforms they dont hold the strength of accountability anymore
        • weak protection of rights and respect for other humans
        • can cause an elective dictatorship
        • gov can do whatever they want
    • The reforms of the constitution
      • Blair and Brown
        • devolution Act
        • Electoral Reform
        • Referendums
        • Human Rights Act 1998
        • freedom of info act
        • HOL reform
        • Constitutional Reform Act 2005
        • judicial reform
      • Coalition 2010-15
        • fixed terms
        • HOC reform
        • further welsh and Scottish devolution
        • police act
        • MP recall's for accountability
      • conservative 2015-17
        • English votes for English laws
        • metro mayors.
      • conservative 2019+
        • Brexit
    • Should the UK become codified?
      • yes
        • clear and concise rulings.
        • cut the government down and make it limited.
        • upheld as it is neutral connotation
        • protects individuals
        • strengthen citizenship values.
      • no
        • rigid and inflexibility
        • unnecessary as their are other ways to make gov less powerful
        • judicial tyranny due to interpretation
        • only done at one point in time e.g bill of US has discriminated against black people within it
        • enforce one set of rules above others, politically biased.

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