1. Let’s start with first principles
Let’s start with first principles. A constitution sets out the rules for how a society’s rules are made or changed, and all constitutions do three things.
First, they establish the authority that different centres of power have, how they relate to one another, and how these relations can be changed. This is where the famous separation of powers comes in – or, in the case of the UK, does not come in: between the executive (the government and civil service), the legislature (which makes laws but does not administer them) and the judiciary (which adjudicates what is lawful when this is disputed).
Second, all constitutions define the powers and rights of citizens, in our case, citizen-subjects. Do individuals have the right to vote, to assemble, to free speech, to property, to equal treatment; and how are these rights protected? Can the executive imprison us or invade our liberty through surveillance without due cause? If not, how must it establish such cause?
Third, all constitutions express the aspirations of the society. This might be to be nonracist (South Africa), or Islamic (Iran), or to be liberal and not fascist (Germany) or universal (France). Aspiration need not be part of the main constitutional document. Thus, “life, liberty and the pursuit of happiness” is the aspiration of the US constitution but appears in the Declaration of Independence. Historically, England-Britain, as the firstborn nation, felt it had no need of vulgar aspiration: after all, everyone else aspired to be like us.
Explain the term ‘separation of powers’ used in the extract (5)
Using your own knowledge as well as the extract, identify and explain reasons why people have argued that Britain’s uncodified constitution needs to be reformed. (10)
The role of the common law in the British constitution ensures that it is able to deal with the challenges of modern political life. Discuss (25)