Summary A Level Edexcel Politics UK Government full study notes
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Course
Unit 2 - Governing the UK
Institution
PEARSON (PEARSON)
Full and detailed study notes on UK Government for the A Level Edexcel Politics course. Completes all key information on all topics, including the UK constitution, parliament, PM and executive, relations between institutions. Simple to understand language, diagrams, tables and essay plans with rele...
A Level Edexcel – UK Government complete study notes
topics 1-4
Topic 1 – UK constitution: page 1
Topic 2 – Parliament: page 20
Topic 3 – PM and executive: page 44
Topic 4 – Relations between institutions: page 56
T1: UK Constitution
Functions of a constitution
-A constitution is: a code of rules laying down both the framework and powers of the government
and the relationship between the government and the governed. A constitution lays down who can
do what and to whom. For instance, the American Constitution does not allow postponing of the
election.
-Political philosophy – idea of social construct
-To distribute power within the political system
-To empower states
-To protect the freedom of citizens
American Elections
Each state has a member(s) known as the electoral college who votes on the behalf of the state and
then their choice goes forward.
Intro reading into the constitution: Functions of the Constitution.
-The constitution outlines the powers of each branch of government of the state.
-Codified constitution is centred around a single document and it is largely written.
-Uncodified constitution: partly unwritten constitution. Not found in one singular document. UK has
an uncodified constitution.
-The “Royal Prerogative” gives the crown powers, such as the power to declare war, make treaties,
pardon criminals and to dissolve parliament.
-There is no body higher than the Parliament that constrains its legal authority.
-Lays out the framework/rules of government.
A constitution is:
A set of rules that….
Establishes the duties, powers & functions of the various institutions of government
Establishes checks and balances between and among the institutions
Defines the relationship between the state and the individual
, The nature and theory of the Constitution
Objectives:
Gain K&U of the nature of the UK Constitution
Explain how the UK Constitution differs to other constitutions
Codification
The UK Constitution is not codified. It is not contained in a single document. This is not
the same as saying that it is unwritten – in fact much of the UK Constitution is now
written. For example Acts of Parliament are written.
To be codified a constitution has to have 3 features:
1. It is contained in a single document.
2. It has a single source and was therefore created at one moment in history, even if it has
since been amended.
3. The constitutional laws contained within it must be clearly distinguished from other,
non- constitutional laws.
Virtually all modern countries have a codified constitution. The US constitution is probably
the most famous, and also the earliest example, of a modern codified constitution. The UK
is very unusual in not having one. The main advantage of a codified constitution is that it is
a clear document which all citizens can identify and which can be examined when there is
any doubt over its meaning. However, the key principle is not whether a constitution is
codified; rather it is whether it is entrenched.
Entrenchment
Entrenchment is a very important principle – it is what protects a constitution from a
short-term amendment. It is important because constitutional change makes a
fundamental and important difference to the political system of a country.
The constitution is too important to be placed in the hands of a temporary government. A
country must be sure that any proposed constitutional change meets two tests:
1. That there is widespread support for it
2. That it is in the long-term interests of the country
An example of this principle concerns the guarantees of human rights that exist in most
states. It may be in the interests of a particular government to set aside some of these
rights by amending part of the constitution that deals with civil rights. However, this
would clearly damage the long-term interests of the people. Similarly, a dictatorial
government might seek to grant itself additional powers to protect its own position. If
this occurred, democracy in general would be under threat.
To ensure that the two tests are met, therefore, special arrangements need to be
established. Thus a referendum, for example, ensures popular support for change, while
special parliamentary procedures can ensure that constitutional amendment is in the long-
term interests of the state.
The situation in the UK, however, is unusual: it is not possible to entrench constitutional
principles. This is because the UK Parliament is sovereign. The sovereignty of Parliament
asserts that each individual parliament cannot bind its successors. This means that, in
effect, every new Parliament is able to amend the constitution as it wishes. All Parliament
, has to do is pass a new parliamentary statute, using the same procedure as for any other
statute. This can be done in as little as two days. Furthermore, the government in the UK
is normally able to dominate Parliament, using its majority in the House of Commons and
the mandate of the people that is granted at elections. So a dominant government can
effectively control the constitution.
An example of executive power was demonstrated when Parliament passed the Human
Rights Act in 1998. This incorporated the European Convention on Human Rights into UK
law. It became binding on all political bodies other than Parliament itself. No special
procedures were needed. A fundamental change to the British Constitution was made
through a simple Act of Parliament.
The problem of the UK’s failure to adopt any system of entrenchment was illustrated by
the Fixed Term Parliament Act 2011
Referendums
Despite the inability to entrench constitutional laws in the UK, it is becoming common
practice to hold a referendum when constitutional change is proposed. This was done for
devolution of power to Scotland and Wales in 1997, the introduction of elected mayors in
London and a number of other locations, and to approve the Good Friday Agreement in
Northern Ireland in 1998.
Where a referendum has proposed a ‘no’ result, a constitutional change cannot realistically
take place. The effect of such referendums is to essentially entrench constitutional
developments. It is inconceivable that the changes would be reversed without
another referendum to approve such a reversal. Thus, one could argue that the UK is
moving gradually towards a system of entrenchment through referendum.
The referendum on EU membership in June 2016 is a good example of this – there have
been calls for either a second referendum or for Parliament to ignore the vote, but
general opinion is that the people’s voice is binding and that the decision is irrevocable
(binding).
Unitary and federal constitutions
In a unitary constitution, sovereignty lies in one single place. The sovereign body in such
a constitution is the ultimate source of all political power. A federal constitution, by
contrast, divides sovereignty between a central body and a regional, sub-central bodies.
The only way to change the distribution of ultimate power in an entrenched, codified
federal constitution is by amending the constitution. The UK is a unitary system (though
without an entrenched constitution).
Describing the Constitution – its sources
Parliamentary Statutes: Acts of Parliament passed by both Houses of Parliament and signed by the
Monarch. It gives a government with a majority in Parliament the ability to chance the UK
constitution easily. A Parliamentary Statute is a formally written law which is passed by a legislative
body. This is also known as an Act of Parliament. All Acts start as bills which are introduced in either
, the House of Commons or House of Lords. When a bill has been agreed by both Houses of
Parliament and has been given Royal Assent by the Monarch, it becomes an Act of
Parliament/statute. An example of this is the Employment Rights Act 1996.
Constitutional Conventions: A constitutional convention is an informal and uncodified agreement
that is followed by the institutions of state. Huge part of the British Constitution. Unwritten rules or
customs, which are known to all, accepted by all and followed by all. Conventions are particularly
important in the UK because we have an uncodified constitution. Constitutional conventions provide
help in understanding how the state functions. Examples: Ministerial responsibility, collective
cabinet responsibility, Monarch signing of bills of Houses of Parliament, referendum before major
changes to constitution (e.g. devolution, Brexit).
Historical Principles and Authoritative Writings: Gives guidance where there is uncertainty. For
example, Thomas Erskine May’s Parliamentary Practice (1844), Bagehot’s English Constitution
(1867)- describes the role of the cabinet, Parliament and monarch. Constitutional principles, ideas
and conventions are articulated in authoritative works written by expert constitutional theorists and
legal scholars, including historic texts and more recent documents on the operation of government,
and it is to these sources we can also turn to better understand the constitution in practice.
Common Law: Common Law is a system of laws based on customs and court decisions rather than
on written laws made by a parliament. Law built on judges’ decisions when dealing with cases with
no clear statute. Based on tradition or custom. Give citizens rights usually laid down in written
constitutions. This changes often, for instance, judge who ruled that suspects have a right to remain
silent. Common law forms the basis of the legal system in the UK. Eg. An example of common law is
a rule that a judge made that says that people have a duty to read contracts.
Customs and Traditions: The procedures that are carried out in Parliament are not written in the
Standing Orders, but the actions that typically occur in Parliament have been recognised as “custom
and practice”. For instance, where members sit and speak in Parliament or the form and style of
debate are considered as customs and traditions.
Traditional powers/royal prerogatives: Powers medieval monarchs had before creation of
parliament. Include powers: to declare war, make peace, command armies, appoint ministers, raise
money for taxes, to appoint judges and maintain law and order. Over centuries passed from
monarch to PM. E.g. Blair’s decision to invade Iraq.
Treaty Obligations: Membership of international organisations = give up sovereignty to a
supranational body. EU, United Nations, NATO, Treaty of Rome (1972), Treaty of Maastricht (1993) –
all impact on how constitution operates. Human Rights Act 1998. These are duties or obligations that
must be carries out by a party as according to a treaty they have entered. For instance, the Peace
Treaties of England.
Codified: A constitution that is found in a single document, created at a particular time. The term
implies that a codified constitution contains laws that are superior to other laws, and that they
cannot be amended except by a special procedure.
Uncodified: A constitution found in several sources e.g. statues (Acts of Parliament) or Common Law.
Sometimes these sources are written, sometimes not.
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