starter activity

The preamble to a constitution introduces the reader to the main ideas behind the document. Read these 3 preambles. What do they have in common? Which should be adopted by the UK?

Preambles

What is a What is a constitution?constitution?To define what we mean by the term To define what we mean by the term

‘constitution’‘constitution’To analyse the purpose and content of To analyse the purpose and content of

constitutionsconstitutionsTo identify the main characteristics of To identify the main characteristics of

the UK constitution.the UK constitution.

Aims

Your taskYour task

Read Watts p.150 and in your own Read Watts p.150 and in your own words write a brief definition of a words write a brief definition of a constitution.constitution.

Magna Carta, still a source of the UK

constitution

ConstitutionsConstitutions Establish clear rules & Establish clear rules &

principles for governing principles for governing a countrya country

Relationship between Relationship between organisationsorganisations

Limitations on powersLimitations on powers Political & non-political Political & non-political

bodies, e.g. charities bodies, e.g. charities have constitutionshave constitutions

Often include Often include statements on rights of statements on rights of individuals, e.g. individuals, e.g. preamblepreamble

Your taskYour task

Read p. 150-1 and list the reasons Read p. 150-1 and list the reasons why countries need constitutions. why countries need constitutions. Which is the most important reason?Which is the most important reason?

PurposesPurposes

LegitimacyLegitimacy Protect freedomProtect freedom Encourage stabilityEncourage stability Draw attention to goals & Draw attention to goals &

values, e.g. US Constitutionvalues, e.g. US Constitution Set out spheres of Set out spheres of

influence, e.g. in federal influence, e.g. in federal systemssystems

Create a fresh startCreate a fresh start

UN logo

Your taskYour task

Read p. 151-2 and note the Read p. 151-2 and note the differences between: written and differences between: written and unwritten constitutions; flexible or unwritten constitutions; flexible or rigid; unitary or federal constitutions. rigid; unitary or federal constitutions. Note the differences between these Note the differences between these types of constitutions: monarchical & types of constitutions: monarchical & republican; presidential & republican; presidential & parliamentary; constitutions based on parliamentary; constitutions based on sovereignty of parliament or peoplesovereignty of parliament or people

Written v. unwrittenWritten v. unwritten

Britain lacks a written or Britain lacks a written or codifiedcodified constitutionconstitution

Constitutional rules are written, e.g. Constitutional rules are written, e.g. in statutes, but gathered into single in statutes, but gathered into single documentdocument

Flexible or rigidFlexible or rigid

Altered by majority in legislature, Altered by majority in legislature, e.g. New Zealand & UKe.g. New Zealand & UK

Rigid constitutions laws are Rigid constitutions laws are fundamental and amendments very fundamental and amendments very difficult, e.g. US constitution difficult, e.g. US constitution amended 27x since 1776amended 27x since 1776

Unitary or federalUnitary or federal

Britain, Israel, France & Ireland have Britain, Israel, France & Ireland have unitary constitutionsunitary constitutions

Suited to smaller countries with limited Suited to smaller countries with limited cultural, ethnic & linguistic diversitycultural, ethnic & linguistic diversity

Power concentrated in hand of central Power concentrated in hand of central govt.govt.

Federal system: power divided between Federal system: power divided between centre & regional authorities, e.g. UScentre & regional authorities, e.g. US

Monarchical v. Monarchical v. republicanrepublican

Constitutional monarchies, e.g. Constitutional monarchies, e.g. Britain & Holland; monarch is head Britain & Holland; monarch is head of state with limited powersof state with limited powers

Republic: no hereditary head of Republic: no hereditary head of state, leader elected by peoplestate, leader elected by people

Presidential v. Presidential v. parliamentaryparliamentary

Presidential: separation of powers, Presidential: separation of powers, executive is separate from executive is separate from legislaturelegislature

Parliamentary: executive chosen Parliamentary: executive chosen from legislature, e.g. PM & Cabinet from legislature, e.g. PM & Cabinet drawn from MPsdrawn from MPs

Sovereignty of parliament v. Sovereignty of parliament v. peoplepeople

Sovereignty means having the Sovereignty means having the authority to governauthority to govern

Britain: Parliament primary law-Britain: Parliament primary law-making bodymaking body

US: people are sovereign, e.g. US US: people are sovereign, e.g. US Constitution (1787), ‘We the people Constitution (1787), ‘We the people of the US do ordain and establish of the US do ordain and establish this Constitution’this Constitution’

Do you think it is time Britain’s constitution Do you think it is time Britain’s constitution

should be written in a single document?should be written in a single document? What are strengths / weaknesses of rigid What are strengths / weaknesses of rigid

and flexible constitutionsand flexible constitutions Should Britain become a federal country?Should Britain become a federal country? Should Britain become a republic?Should Britain become a republic? What is the danger of Britain not having What is the danger of Britain not having

‘separation of powers’?‘separation of powers’? Which is better, the sovereignty of the Which is better, the sovereignty of the

parliament or its people?parliament or its people?

Your taskYour task

Read Watts p.153-4 and create a Read Watts p.153-4 and create a scales chart highlighting the scales chart highlighting the strengths and weaknesses of having strengths and weaknesses of having an uncodified constitution. Do the an uncodified constitution. Do the weaknesses outweigh the strengths? weaknesses outweigh the strengths? Write a judgement paragraph at the Write a judgement paragraph at the bottom of your chart.bottom of your chart.

StrengthsStrengths

UK Parliament is sovereign: AV Dicey, UK Parliament is sovereign: AV Dicey, parliament has is supreme law-making parliament has is supreme law-making bodybody

Constitution can be easily amended; no Constitution can be easily amended; no one parliament can bind its successorsone parliament can bind its successors

Rule of law: no one is above the law; Rule of law: no one is above the law; innocent until proven guilty; essential innocent until proven guilty; essential liberties derive from judicial decisions liberties derive from judicial decisions based on common lawbased on common law

Executive is accountable to legislatureExecutive is accountable to legislature

WeaknessesWeaknesses

No single documentNo single document Federal system offers more power to Federal system offers more power to

regions, e.g. Scotland and Walesregions, e.g. Scotland and Wales Rule of law not always upheld, e.g. not Rule of law not always upheld, e.g. not

everyone is equal before the law; everyone is equal before the law; judicial decisions are now enshrined in judicial decisions are now enshrined in Human Rights Act (1998)Human Rights Act (1998)

Lack of separation of powers leads to Lack of separation of powers leads to abuse, e.g. Cash for Honours scandalabuse, e.g. Cash for Honours scandal

HomeworkHomework

Read Watts p.154-5 and draw a tree Read Watts p.154-5 and draw a tree and on each branch list and explain and on each branch list and explain the different sources of the UK the different sources of the UK constitution.constitution.

PlenaryPlenary

Write the preamble to your own Write the preamble to your own constitution of the United Kingdom.constitution of the United Kingdom.