1. The Changing British Political System: The British Constitution

2. Constitutions Constitution: set out relationship between
State and individuals
Different institutions of the state
Constitutions define distribution of power within state and between state & citizens
Arend Lijphart, Patterns of Democracy (1999) – 3 dimensions of constitutions:
Written vs unwritten
Flexible vs rigid
Judicial review vs no judicial review

3. British Constitution – Features
Uncodified (‘unwritten’)
Not written down in one place – scattered across statute book, conventions, etc.
Flexible
No special provisions for changing constitution
Can change with times – but also susceptible to abuse?
No judicial review
Courts could not over-ride parliament (but EU law)
Human Rights Act 1998 – judicial activism?

4. Dicey’s ‘Twin Pillars’ of the Constitution
Rule of Law and Parliamentary Sovereignty
Equality before the law
Instead of a ‘constitution’, Britain has the doctrine of parliamentary sovereignty
‘The principle of parliamentary sovereignty means nothing more nor less than this, namely, that Parliament … has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law as having a right to override or set aside the legislation of Parliament.’ A.V. Dicey, Introduction to the Study of the Law of the Constitution (1885)

5. Parliamentary Sovereignty
Parliament has a monopoly of legitimate law-making power
Historically no US-style judicial review by courts
‘If we [in Britain] have a constitution at all, it is a one-sentence constitution stating that Parliament can make or repeal any law whatsoever.’ (F. F. Ridley, 1988)
Gladstone: ‘[The British Constitution] presumes more boldly than any other the good sense and the good faith of those who work it’

6. Sources of the Constitution (1)
Statute law
Parliament Act 1911, European Communities Act 1972, Scotland Act 1998
Common law (judge-made law)
Judicial decisions and Royal Prerogatives
Freedom of speech
Power to make treaties
Doctrine of Parliamentary Sovereignty
Works of authority
Recognised guidance on constitution
A.V. Dicey, An Introduction to the Study of the Law of the Constitution (1885)
Hansard, Erskine May

7. Sources of the Constitution (2)
Conventions
Unwritten but accepted rules of behaviour
Monarch assents to legislation
Monarch appoints dominant party’s leader as PM
All ministers drawn from Commons or Lords
Collective cabinet responsibility
Salisbury convention – ended with Lords reform
Conventions common to all political systems, e.g. no mention of electoral college in US Constitution
How are conventions enforced?

8. Sources of the Constitution (3)
EU law
Major modification of parliamentary sovereignty
EU law can over-ride UK law in order to make single market work
Factortame court case (1990)
ECJ ruled that national courts could dis-apply UK laws that violated European law
’Nuclear option’: UK can leave EU, thus reasserting primacy of UK law  parliamentary sovereignty intact?

9. Constitutional Doctrine (1)
The Unitary State
Power enjoyed by sub-national govt can be revoked by Westminster
Devolution has politically (but not legally) changed situation
The Crown and Parliament
Executive exercises powers once held by Monarch
Prerogative powers
Appointing ministers
Dissolving parliament
Appointing civil servants
Declaring war
Appointing officers in the armed forces
Making treaties

10. Constitutional Doctrine (2)
Doctrine of Responsible Government
Govt responsible to parliament – resign if it loses vote of confidence
Individual ministers responsible to parliament
Govt responsible to electorate – seeks mandate in a general election
Collective Responsibility
Ministers must defend Govt decisions or resign
Related to: if Govt defeated in parliament in no-confidence vote, it must collectively resign
Collective responsibility occasionally waived, e.g. EEC referendum in 1975

11. Constitutional Doctrine (3)
Individual Ministerial Responsibility
Ministers responsible for actions of their Depts
Expected to resign if serious problems
Expected to resign if they lie to parliament
Weakening of the Doctrine
Rapid turnover of ministers
Ministries too big for one person to be held responsible
Blurred lines of accountability – esp. autonomous agencies
Distinction between policy responsibilities (minister) and operational responsibilities (agency)

12. Constitutional Doctrine (4)
Mandate Theory of Government
Govt claims right to implement policies supported in manifesto by voters in general election
Assumption: voters choose Govts in general elections (2-party system)
To what extent can Lords or courts legitimately frustrate decisions of elected Govt?
Conclusion
UK constitution/political system – ideal-type ‘Westminster model’
Parliamentary sovereignty
No judicial review
Flexible constitution
Unitary state
But numerous changes to constitution and political system since 1997 – explored throughout this course