The Constitution
A summary
A constitution is a set of laws, rules and practices that set out how a society and government are organised. Essentially establishing some form of a relationship between citizens and the state. DO NOT confuse it with being the laws of the country. For example a law against internet piracy is JUST a law whereas the rules that determine the RELATIONSHIP between the supreme court and parliament and the way they implement law IS part of the constitution.
Purpose - We can summarise this into 3 main purposes. First consistency, we wouldn't want a nation to be organised in new ways each time a new government came into power. Secondly to guard against tyranny as a constitution is heavily about what a government CANT do. Finally to give the judiciary power to fight the government for example the US supreme court has the ability to stand up against something they disagree with.
Types of constitutions - Entrenched, meaning hard to change. For example the US constitution requires 2/3 majority in both houses and 3/4 majority of state ratification to pass an ammendment, this is whats known as a super majority, due to the constitution being so entrenched the equal rights ammendment that would guarantee equal legal rights between men and women has not been implemented meaning in 21st century America there is still not equal legal rights between men and women. Flexible, this is more like the UK constitution whereby the government can react quickly to changing circumstances like during Covid-19 whereby we made laws to protect society much faster. Uncodified meaning it is derived of many sources for example the UK constitution is made up of sources such as statute law common law and works of authority. Unlike a Codified consitution like the US consitution which was made by the founding fathers at the Philidelphia convention. Finally Evolved and constricted constituions. Evolved refers to one made overtime withstanding the 'test of time' whereras a constructed constituion is one more 'revolutionary than evolutionary'.
THE HISTORY
Anglo Saxon law - Closest thing we have to original English law. It established a few key principles that linger. 1- Trial by jury - ie your right to have your side heard, this was the first limit on governmental power. 2- Habeaus Corpus - the right to challenge arrest without cause. 3- The witan - a council of elders advising the king this set the standard that kings should not rule alone. However none of this was codified.
The Magna Carta - Before, England was an absolute monarchy. However the barons rose up against king John forcing him to sign a document limiting his power. This gave us 1- the right to free fair justice 2- the right to due process 3 - gave the nobles an opportunity to create a 25 member comittee to scruitinise the king (first House of Lords). However only 4 clauses from this remain now and it was never intended to be a constitution.
The English civil war - Fought between Charles the 1st and parliament over who had the right to rule. Parliament won and ensured 2 things : 1- parliamentary sovereignty ie the king reigns but Parliament rules. 2- The rule of law ie the law applies to all.
Since then : Power of Parliament continued to grow. Parliament Acts 1911 and 1949 both reducerd the power of House Of Lords by preventing them from blocking legislation passed by commons. European Communities Act 1972 - Gave EU law supremacy over UK law.
The sources of the constitution :
Statute Law : The most powerful source. These are laws made by government, they must be approved by both houses and gain royal assent before becoming implemented by the executive and enforced by the judiciary. Some examples include
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