The Importance of a Constitution in Government
Introduction to the Constitution
Learning Objectives
•
To define a constitution
•
To identify the origins and purpose of the UK
constitution
•
To describe the key features of the UK constitution
Dictionary Corner
A constitution is a set of rules that;
•
Seek to establish the duties, powers and functions
of the various institutions of government
•
Regulate the relationship between and among the
institutions
•
Define the relationship between the state and the
individual; i.e. define the extent of civil liberty
Find the definition…
CONSTITUTION
Why does the UK need a constitution?
•
Mind map as many reasons as you can think of as to why the UK
would need a constitution.
•
HINT: Think about what might happen if there was no constitution!
Why does the UK need a constitution?
Protect the rights and civil
liberties of the population
People to make decisions
The government has to
follow rules too, to make
sure it is not abusing its
power
Set up
institutions that
pass laws
(legislature)
Set up
institutions to
enforce (make
sure everyone
follows) the laws
Set up institutions to
interpret the laws and
punish those who do
not follow them
State the roles
and duties of
those in
government –
what they can
and can’t do
State the
functions and
powers of
departments or
parts of
government –
what they can
and can’t do
To make sure the
government provides
certain things for the
people – defence,
welfare etc.
State how parts
of the
government
work should
together
How government
is appointed or
selected e.g.
elections
The most terrifying words in the English language?
What point is the
cartoonist
making about
government?
“We cannot
trust the
government
or, for that
matter,
anyone who
has power
over us.”
The unfortunate reality of having a government?
What point is
Thomas
Jefferson making
about
government
power?
“If government
power is not
checked and
restrained then
it could have
disastrous
consequences.”
The unfortunate reality of having a government?
What does this
quote by Ronald
Reagan mean?
“In order for
our rights and
civil liberties to
be protected,
government
power must be
limited so that
it can not take
away our
freedoms.”
Why does the UK need a constitution?
Protect the rights and civil
liberties of the population
People to make decisions
The government has to
follow rules too, to make
sure it is not abusing its
power
Set up
institutions that
pass laws
(legislature)
Set up
institutions to
enforce (make
sure everyone
follows) the laws
Set up institutions to
interpret the laws and
punish those who do
not follow them
State the roles
and duties of
those in
government –
what they can
and can’t do
State the
functions and
powers of
departments or
parts of
government –
what they can
and can’t do
To make sure the
government provides
certain things for the
people – defence,
welfare etc.
State how parts
of the
government
work should
together
How government
is appointed or
selected e.g.
elections
THE MOST IMPORTANT REASON
•
A constitution is the solution to the problem of
power. (Power tends to corrupt, so we need to be
protected from those in power).
•
Without a constitution the government could
simply do whatever it wants – oppressing
minorities, violating freedom, tyrannising the
mass of the people.
Dictionary Corner
A form of government in which government power
is subject to limitations and checks, providing
protection for the individual; the opposite of
arbitrary government.
Write your own definition…
LIMITED GOVERNMENT
What types of constitution are there?
There are 12 ways in which constitutions
could be categorised. Some
constitutions, such as the UK constitution
may have features of multiple types of
constitutions.
YOUR TASK;
•
Match each type of constitution to its
description.
•
Make a list of the types of constitution
the UK constitution may fit into.
All the main sources of the
constitution are in one
document. (e.g. USA from
1787).
President has power
independent/separate from
Congress (e.g. US)
Can be altered by the law
making process (e.g.
Parliament in the UK)
Power supposedly in the
power of the people. (e.g.
US – Constitution opens
with ‘We the people of the
US’.
Many of the constitutional
rules are written down but
they are not gathered
together. Also, rules are
found in convention and
tradition. (e.g.
UK/Israel/New Zealand)
No separation of powers as
leader is accountable to
legislature (e.g. Executive
chosen from Parliament in
UK)
Head of state is elected.
Power in hands of monarch
Power in hands of a central
government where little
regional differences. (e.g.
UK)
Division of power with
regional units (e.g. US
division between central
govt and
states/Germany/Belgium)
Constitution becomes law.
Difficult to bring changes
without extensive
discussion. (e.g. USA)
Parliament possesses
supreme power. Can make
or unmake any law of its
choosing (e.g. UK)
Main Features of the UK Constitution
Parliamentary
Sovereignty
Uncodified
Unitary
Fusion of powers
Flexible
The UK could potentially fit into a number of the categories
discussed. However, political scientists agree that there are
5 key features of the UK constitution.
Origins of the UK Constitution
•
One of the reasons why the UK does not have a codified
constitution is that British political history over the past 3
centuries has followed an evolutionary rather than a
revolutionary route.
•
In other countries, written constitutions have been
introduced following sudden and total changes to their
political systems. The French Revolution of 1789 and the
Russian Revolution of 1937 both led to the introduction of
written constitutions.
•
Similarly, new written constitutions were introduced in
Germany after defeat in 1918 and 1945, and India drew up
a written constitution when British rule ended in 1947.
The Origins of the UK Constitution [VLE]
Origins of the UK Constitution
“The American constitution emerged from the smoke and
gunfire of a revolution whereas the British constitution
emerged from the mists of time.”
– Malcolm Walles
Parliamentary Sovereignty
•
Sovereignty means
supreme, unrestricted
power.
•
In this case, the
absolute and unlimited
authority of Parliament
which can in theory
make, repeal or amend
any law.
Uncodified
•
This type of constitution
is not confined to one
single document.
•
Much of it may be
written down, but in a
variety of documents.
•
This is known as an
uncodified
constitution
or an
unwritten
constitution.
Main Features of the UK Constitution
Unitary
•
In this type of constitution
and system o government,
ultimate power lies with a
central body which I
sovereign. Theoretically, in
Britain, it is parliament that
is sovereign. It has the legal
authority to make and
repeal laws, to delegate
powers to local or regional
authorities.
•
The opposite is a
federal
constitution, where legal
sovereignty is shared
between government at the
centre and the constituent
‘states’ e.g. USA.
Fusion of Powers
•
This is where the executive
branch and legislative branch
of government intermingle.
•
E.g. David Cameron is both a
member of the legislative
branch (MP for Witney) and
the executive branch (Prime
Minister)
•
E.g. Vince Cable is both a
member of the legislative
branch (MP for Twickenham)
and the executive branch (a
member of the Cabinet)
Main Features of the UK Constitution
Flexible
•
This type of constitution is
one where changes can take
place without a lengthy
special procedure e.g.
Parliament can simply pass
another Act of Parliament.
•
The opposite of flexible is
rigid
; where changes can
only take place as a result of
a special constitutional
amendment procedure.
REMEMBER!!!
Parliamentary Sovereignty
Uncodified
Unitary
Fusion of powers
Flexible
PUUFF
Main Features of the UK Constitution
The UK Constitution
•
An authorative set of laws, rules and practices specifying
how a state is to be governed and the relationship between
the state and the individual.
•
Establishes political principles, structure, procedures,
powers and duties of a government.
•
Set out division of governmental activities and who will
perform each task.
•
Decides how powerful different parts of the government
will interact and work together.
•
Sets out the limitations of the power of rulers and
guarantees the rights of the ruled.
•
Provides legitimacy to those in power, encourage
governmental stability through clear rules and set out goals
and values of a state.
Homework
Reading and Note taking, Heywood p179-186
The Purpose of a Constitution
Understanding Constitutions
Consolidating your understanding
The UK Constitution – Nicola McEwan
The Constitution; Origins and Characteristics
Further Reading
Development of the UK Constitution PPT
Britain’s Unwritten Constitution (British Library)
Wednesday 14th September 2011
Miss Christian 12E F9 Lesson #1
Exploring the significance of a constitution in governance, this content delves into the definition, origins, and key features of the UK constitution. It highlights the need for a constitution to establish rules for government institutions, regulate their relationships, define civil liberties, and prevent abuse of power. Thought-provoking visuals and quotes underscore the critical role of a constitution in safeguarding citizens' rights and ensuring accountable governance.
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Presentation Transcript
Learning Objectives To define a constitution To identify the origins and purpose of the UK constitution To describe the key features of the UK constitution
Dictionary Corner Find the definition CONSTITUTION A constitution is a set of rules that; Seek to establish the duties, powers and functions of the various institutions of government Regulate the relationship between and among the institutions Define the relationship between the state and the individual; i.e. define the extent of civil liberty
Why does the UK need a constitution? Mind map as many reasons as you can think of as to why the UK would need a constitution. HINT: Think about what might happen if there was no constitution!
Why does the UK need a constitution? Set up institutions to interpret the laws and punish those who do not follow them The government has to follow rules too, to make sure it is not abusing its power Protect the rights and civil liberties of the population Set up institutions that pass laws (legislature) Set up institutions to enforce (make sure everyone follows) the laws State the roles and duties of those in government what they can and can t do State the functions and powers of departments or parts of government what they can and can t do State how parts of the government work should together To make sure the government provides certain things for the people defence, welfare etc. How government is appointed or selected e.g. elections People to make decisions
The most terrifying words in the English language? What point is the cartoonist making about government? We cannot trust the government or, for that matter, anyone who has power over us.
The unfortunate reality of having a government? What point is Thomas Jefferson making about government power? If government power is not checked and restrained then it could have disastrous consequences.
The unfortunate reality of having a government? What does this quote by Ronald Reagan mean? In order for our rights and civil liberties to be protected, government power must be limited so that it can not take away our freedoms.
Why does the UK need a constitution? Set up institutions to interpret the laws and punish those who do not follow them The government has to follow rules too, to make sure it is not abusing its power Protect the rights and civil liberties of the population THE MOST IMPORTANT REASON Set up institutions that pass laws (legislature) power. (Power tends to corrupt, so we need to be protected from those in power). A constitution is the solution to the problem of Set up institutions to enforce (make sure everyone follows) the laws State the roles and duties of those in government what they can and can t do simply do whatever it wants oppressing minorities, violating freedom, tyrannising the mass of the people. State the functions and powers of departments or parts of government what they can and can t do Without a constitution the government could State how parts of the government work should together To make sure the government provides certain things for the people defence, welfare etc. How government is appointed or selected e.g. elections People to make decisions
Dictionary Corner Write your own definition LIMITED GOVERNMENT A form of government in which government power is subject to limitations and checks, providing protection for the individual; the opposite of arbitrary government.
What types of constitution are there? Parliamentary There are 12 ways in which constitutions could be categorised. Some constitutions, such as the UK constitution may have features of multiple types of constitutions. Codified/Written Rigid Uncodified/ Unwritten Federal Republican YOUR TASK; Unitary Flexible Match each type of constitution to its description. Monarchical Presidential Sovereignty of parliament Make a list of the types of constitution the UK constitution may fit into. Sovereignty of people
All the main sources of the constitution are in one document. (e.g. USA from 1787). President has power independent/separate from Congress (e.g. US) Can be altered by the law making process (e.g. Parliament in the UK) Power supposedly in the power of the people. (e.g. US Constitution opens with We the people of the US . Many of the constitutional rules are written down but they are not gathered together. Also, rules are found in convention and tradition. (e.g. UK/Israel/New Zealand) No separation of powers as leader is accountable to legislature (e.g. Executive chosen from Parliament in UK) Head of state is elected. Power in hands of monarch Power in hands of a central government where little regional differences. (e.g. UK) Division of power with regional units (e.g. US division between central govt and states/Germany/Belgium) Constitution becomes law. Difficult to bring changes without extensive discussion. (e.g. USA) Parliament possesses supreme power. Can make or unmake any law of its choosing (e.g. UK)
Parliamentary No separation of powers as leader is accountable to legislature (e.g. Executive chosen from Parliament in UK) Codified/Written All the main sources of the constitution are in one document. (e.g. USA from 1787). Rigid Constitution becomes law. Difficult to bring changes without extensive discussion. (e.g. USA) Uncodified/ Unwritten Many of the constitutional rules are written down but they are not gathered together. Also, rules are found in convention and tradition. (e.g. UK/Israel/New Zealand) Federal Division of power with regional units (e.g. US division between central govt and states/Germany/Belgium) Republican Head of state is elected. Unitary Power in hands of a central government where little regional differences. (e.g. UK) Flexible Can be altered by the law making process (e.g. Parliament in the UK) Monarchical Power in hands of monarch Presidential President has power independent/separate from Congress (e.g. US) Sovereignty of parliament Parliament possesses supreme power. Can make or unmake any law of its choosing (e.g. UK) Sovereignty of people Power supposedly in the power of the people. (e.g. US Constitution opens with We the people of the US .
Main Features of the UK Constitution The UK could potentially fit into a number of the categories discussed. However, political scientists agree that there are 5 key features of the UK constitution. Parliamentary Sovereignty Uncodified Unitary Fusion of powers Flexible
Origins of the UK Constitution One of the reasons why the UK does not have a codified constitution is that British political history over the past 3 centuries has followed an evolutionary rather than a revolutionary route. In other countries, written constitutions have been introduced following sudden and total changes to their political systems. The French Revolution of 1789 and the Russian Revolution of 1937 both led to the introduction of written constitutions. Similarly, new written constitutions were introduced in Germany after defeat in 1918 and 1945, and India drew up a written constitution when British rule ended in 1947. The Origins of the UK Constitution [VLE]
Origins of the UK Constitution The American constitution emerged from the smoke and gunfire of a revolution whereas the British constitution emerged from the mists of time. Malcolm Walles
Main Features of the UK Constitution Uncodified Parliamentary Sovereignty Sovereignty means supreme, unrestricted power. In this case, the absolute and unlimited authority of Parliament which can in theory make, repeal or amend any law. This type of constitution is not confined to one single document. Much of it may be written down, but in a variety of documents. This is known as an uncodified constitution or an unwritten constitution.
Main Features of the UK Constitution Fusion of Powers Unitary In this type of constitution and system o government, ultimate power lies with a central body which I sovereign. Theoretically, in Britain, it is parliament that is sovereign. It has the legal authority to make and repeal laws, to delegate powers to local or regional authorities. The opposite is a federal constitution, where legal sovereignty is shared between government at the centre and the constituent states e.g. USA. This is where the executive branch and legislative branch of government intermingle. E.g. David Cameron is both a member of the legislative branch (MP for Witney) and the executive branch (Prime Minister) E.g. Vince Cable is both a member of the legislative branch (MP for Twickenham) and the executive branch (a member of the Cabinet)
Main Features of the UK Constitution REMEMBER!!! Flexible This type of constitution is one where changes can take place without a lengthy special procedure e.g. Parliament can simply pass another Act of Parliament. The opposite of flexible is rigid; where changes can only take place as a result of a special constitutional amendment procedure. Parliamentary Sovereignty Uncodified Unitary Fusion of powers Flexible PUUFF
The UK Constitution An authorative set of laws, rules and practices specifying how a state is to be governed and the relationship between the state and the individual. Establishes political principles, structure, procedures, powers and duties of a government. Set out division of governmental activities and who will perform each task. Decides how powerful different parts of the government will interact and work together. Sets out the limitations of the power of rulers and guarantees the rights of the ruled. Provides legitimacy to those in power, encourage governmental stability through clear rules and set out goals and values of a state.
Homework Reading and Note taking, Heywood p179-186 The Purpose of a Constitution Understanding Constitutions Consolidating your understanding The UK Constitution Nicola McEwan The Constitution; Origins and Characteristics Further Reading Development of the UK Constitution PPT Britain s Unwritten Constitution (British Library)
