Public law - Does the UK have a constitution? revision notes (semester 1)
17 views 0 purchase
Course
Public Law (LAW106)
Institution
The University Of Liverpool (UoL)
Document containing all the relevant information about the topic, condensed into colour coded tables to enable easier memorisation and order. I achieved a first class in public law using these notes.
UK constitution – does the UK have a constitution?
DOES THE UK HAVE A CONSTITUTION???
DOES THE UK HAVE A The vast majority of states have a ‘written’ or ‘codified’
CONSTITUTION??? constitution, but the UK does NOT
Question is does the UK have no constitution???
ARGUMENT FOR NO Ridley describes the argument for the UK having no
CONSTITUTION constitution in this way
‘The emperor has no clothes after all, that the
constitutional attire his courtiers claim to see his
empty words’
This means that people argue there is a constitution but
there isn’t one in a codified form like other countries so
maybe there isn’t one at all
Some people still argue there is no UK constitution event
today
Bogdanor said ‘commentators on the constitution
must have an easy life since we have no
constitution’
PROBLEMS WITH THIS Ridley discussed how the absence of constitution has
problematic issues such as being unable to protect the
democracy as there is no codified constitutional limits on
power
Bogdanor explains how Brexit ‘revealed the nakedness of
our unprotected constitution’ which impeded the process
of ‘completing our constitutional development’
EARLIER UNDERSTANDING Bolingbroke’s definition:
OF A CONSTITUTION (i) a set of laws, institutions & customs
(ii) based on principles of reason
(iii) aimed at the public good – do things to benefit the
collective
(iv) making a general system
(v) under which the community agrees to be governed –
consent and agreement of the people that are subject to
these rules
This view is also refelected in official documents such as
the Cabinet Manuel (2011) which says:
there is ‘no single document that describes…or
regulates the structures of the state’
it says that instead ‘the constitutional order has
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller miaalunt. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.90. You're not tied to anything after your purchase.
