 starter activity Preambles

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Presentation transcript:

 starter activity Preambles 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?

What is a constitution?  Aims To define what we mean by the term ‘constitution’ To analyse the purpose and content of constitutions To identify the main characteristics of the UK constitution.

Magna Carta, still a source of the UK constitution  Your task Read Watts p.150 and in your own words write a brief definition of a constitution. Magna Carta, still a source of the UK constitution

Constitutions Establish clear rules & principles for governing a country Relationship between organisations Limitations on powers Political & non-political bodies, e.g. charities have constitutions Often include statements on rights of individuals, e.g. preamble

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

Purposes Legitimacy Protect freedom Encourage stability Draw attention to goals & values, e.g. US Constitution Set out spheres of influence, e.g. in federal systems Create a fresh start UN logo

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

Written v. unwritten Britain lacks a written or codified constitution Constitutional rules are written, e.g. in statutes, but gathered into single document

Flexible or rigid Altered by majority in legislature, e.g. New Zealand & UK Rigid constitutions laws are fundamental and amendments very difficult, e.g. US constitution amended 27x since 1776

Unitary or federal Britain, Israel, France & Ireland have unitary constitutions Suited to smaller countries with limited cultural, ethnic & linguistic diversity Power concentrated in hand of central govt. Federal system: power divided between centre & regional authorities, e.g. US

Monarchical v. republican Constitutional monarchies, e.g. Britain & Holland; monarch is head of state with limited powers Republic: no hereditary head of state, leader elected by people

Presidential v. parliamentary Presidential: separation of powers, executive is separate from legislature Parliamentary: executive chosen from legislature, e.g. PM & Cabinet drawn from MPs

Sovereignty of parliament v. people Sovereignty means having the authority to govern Britain: Parliament primary law-making body US: people are sovereign, e.g. US Constitution (1787), ‘We the people of the US do ordain and establish this Constitution’

 Do you think it is time Britain’s constitution should be written in a single document? What are strengths / weaknesses of rigid and flexible constitutions Should Britain become a federal country? Should Britain become a republic? What is the danger of Britain not having ‘separation of powers’? Which is better, the sovereignty of the parliament or its people?

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

Strengths UK Parliament is sovereign: AV Dicey, parliament has is supreme law-making body Constitution can be easily amended; no one parliament can bind its successors Rule of law: no one is above the law; innocent until proven guilty; essential liberties derive from judicial decisions based on common law Executive is accountable to legislature

Weaknesses No single document Federal system offers more power to regions, e.g. Scotland and Wales Rule of law not always upheld, e.g. not everyone is equal before the law; judicial decisions are now enshrined in Human Rights Act (1998) Lack of separation of powers leads to abuse, e.g. Cash for Honours scandal

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

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