The document discusses key concepts related to the UK constitution, including what a constitution is, the differences between codified and uncodified constitutions, the sources and features of the UK constitution, and debates around sovereignty and reform. It notes that while Parliament is legally sovereign, in practice political sovereignty has evolved, such as through devolution and EU membership, which have placed some limits on Parliamentary power.
Parliamentary sovereignty is a most thinkable constitutional principle of UK's west minister system of parliament. So, here we discuss some important issues on parliamentary sovereignty.
This document provides an introduction to the UK Parliament. It explains that Parliament is made up of the House of Commons, House of Lords, and Monarch. The Queen is the head of state and performs ceremonial duties like granting royal assent to pass laws. The houses of Parliament hold the government accountable, pass laws, and enable taxation. It describes the roles of the government and select committees. The passage of bills and types of legislation are outlined.
The parliamentary system is a form of government where the legislature or parliament is the supreme body, and the executive branch derives its power from and is accountable to the legislature. Key features include a stable majority government, collective and individual ministerial responsibility, the prime minister as the leader of the government, and mutual toleration between political parties. While it has advantages like cooperation between the parliament and cabinet and responsiveness to public opinion, it also has potential drawbacks like cabinet dictatorship, unstable governments without a majority, and difficulty forming governments in multiparty systems. Overall, parliamentary government is considered better than other systems because the cabinet must maintain the support of parliament.
The Prime Minister has become increasingly powerful over time, with some arguing the role has become similar to a presidency. Prime Ministers now emphasize personal leadership over the public and distance themselves from their party when needed. The office has also become personalized with the Prime Minister representing the party and its policies. Different Prime Ministers exhibit different styles of leadership from innovators seeking goals to balancers prioritizing stability. Thatcher was a dominant conviction politician while Blair centralized power and adopted a top-down style.
this ppt describes different froms of government based on power and authority distribution, the merits and demerits of each form of government are also given. for further educative ppt do comment and if time allow i will surely help you in making your ppt.
This document provides information about the presidential system of government. It defines the presidential system and notes that in this system, the head of government is also the head of state and leads the executive branch separately from the legislative branch. It outlines some key features of the presidential system, including direct election of the chief executive, a fixed tenure for the president, separation of the executive and legislative powers, and the president having independence to appoint ministers. The document also discusses some merits of the presidential system like stable government and appointment of talented individuals, as well as some demerits of the parliamentary system.
Federal system of government
Federal system
Federation and confederation
Difference between federation and confederation
Essential condition of federation:
1.Sense of unity
2.common culture
3.Aspiration to regional autonomy
4.Geographical contiguity
5.Equality in federating units
6.political consciousness
7.Uniformity of political institution
8.economic self sufficiency
The document provides an overview of the British political system, including its history, branches of government, and key institutions. The modern British government is a constitutional monarchy and parliamentary democracy. Real authority rests with the Prime Minister and Cabinet, who are accountable to and can be dismissed by Parliament. The monarch now plays a largely ceremonial role as head of state. The Cabinet is responsible for developing policy and advising the Prime Minister.
The document provides an overview of the UK constitution, including what a constitution is, the sources of the UK constitution (both written and unwritten), the history and changes over time, key concepts like sovereignty and the unitary system, arguments for and against an uncodified constitution, and the branches of government and separation/fusion of powers. It covers the core structures and concepts that make up the UK's unwritten constitution.
This document provides an overview of different levels of government in the UK, with a focus on central government and the House of Commons. It discusses that central government is responsible for issues affecting the entire nation, such as changes in law, taxation policy, and national budgets. The central government is called Parliament, consisting of the Monarch, House of Commons, and House of Lords. The House of Commons has around 646 elected MPs who represent constituencies and vote on legislation and policies. It plays key roles in making laws, controlling finances, scrutiny, and protecting individuals.
This document summarizes key roles in the Indian government, including:
- The Vice President of India, who is elected by Parliament and serves as Chairman of the Rajya Sabha. Key responsibilities include presiding over Rajya Sabha meetings and acting as President if necessary.
- The Prime Minister of India, who is appointed by the President and must be a member of the party with a majority in the Lok Sabha. As head of the Council of Ministers, the Prime Minister coordinates policies and communicates decisions to the President.
- The Attorney General of India, who is appointed by the President and must be qualified to be a Supreme Court judge. Duties include advising the government on legal matters and representing the
1. Introduction to the topic - Political Partiesmattbentley34
This document discusses the ideologies and histories of the three main political parties in the UK: the Conservative Party, Labour Party, and Liberal Democrats. It outlines the evolution of Conservative ideology from one-nation conservatism to Thatcherism. For Labour, it describes the party's socialist roots and transition to New Labour under Blair. It also summarizes the merger that formed the Liberal Democrats and their embrace of progressive liberalism.
The Government of the USA is based on the Constitution, which was signed in 1787 and established a federal government with powers separated between the legislative, executive, and judicial branches to prevent dictatorship. The Constitution gives Congress lawmaking powers, the President executive powers to enforce laws, and the Supreme Court judicial powers to interpret laws. A system of checks and balances ensures no single branch can gain too much power, such as Congress passing laws the President can veto or the Supreme Court striking down unconstitutional laws. Regular elections also check leaders' power by allowing voters to replace representatives who oppose the President's agenda.
The term ‘Legg' means "law" and 'lature’ the "place"
Another term, which is used as a synonym of Legislature, is ‘Parliament.’ This word stands derived from the French word ‘Parley’ which means to ‘talk’ or to discuss and deliberate.
Each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation.
This is the vital assignment for IPE239 Comparative Political Systems, IPED Prpgram, Rangsit University. The course part aims at providing an introduction to the field of comparative politics. Various theoretical perspectives and basic concepts within the field are taken up. The political systems of a number of countries - in relation to formal political institutions and informal aspects of the political order - are presented, discussed and compared. Issues of identity as well as the position of nation states in a global context are also dealt with. The course part includes an introduction to comparative method and sources of knowledge about political systems.
unitary and federal form of government-nityamukta.pptxAryamansingh71
The document discusses unitary and federal forms of government. A unitary government has all power centralized in one central authority, while a federal government divides power between a central government and regional/local governments. Some key advantages of unitary governments are rapid decision making and less potential for disagreements, but they may struggle to effectively govern large or diverse countries. Federal systems help prevent tyranny and allow for more localized governance, but can be more expensive and complex. Most modern systems exhibit elements of both.
The British constitution is not set out in a single document but rather has evolved over many years through a combination of written laws, court rulings, conventions and traditions. It serves several functions including distributing power, protecting freedoms, defining limits on government, and providing stability. Unlike other nations like the US, the British constitution is partly written and uncodified, with sources scattered across documents, and can be amended through regular acts of parliament rather than a special process. Recent constitutional reforms under New Labour focused on areas like the House of Lords, devolution, freedom of information and human rights.
Political parties are complex organizations that serve several functions in the US political system. They organize elections, help candidates get elected, and work to advance their policy platforms. Parties have different components, including the party in government made up of elected officials, the party in the electorate of citizens who identify with the party, and formal party organizations. While parties have dominated US politics for over 200 years, minor third parties face challenges to disrupting the two-party system due to electoral and legal barriers.
This is the vital assignment for IPE239 Comparative Political Systems, IPED Prpgram, Rangsit University. The course part aims at providing an introduction to the field of comparative politics. Various theoretical perspectives and basic concepts within the field are taken up. The political systems of a number of countries - in relation to formal political institutions and informal aspects of the political order - are presented, discussed and compared. Issues of identity as well as the position of nation states in a global context are also dealt with. The course part includes an introduction to comparative method and sources of knowledge about political systems.
In a parliamentary system, the executive branch derives its legitimacy from and is accountable to the legislative branch. The head of state is usually different than the head of government. Legislation can pass more quickly since the executive includes members of the legislature. In a presidential system, the head of state is also the head of the executive branch, which is separate from the legislature. This can lead to stalemate if the branches are controlled by different parties. The president has a fixed term and cannot be removed by a no confidence vote like in a parliamentary system.
The document provides an overview of the UK constitution, including:
- The UK constitution is uncodified and consists of laws, conventions, and traditions established over time rather than being set out in a single document.
- Key principles of the UK constitution include parliamentary sovereignty, the separation of powers, and constitutional monarchy.
- There have been recent reforms like devolution, establishing the Supreme Court, and incorporating the European Convention on Human Rights, but the constitution remains flexible and changeable by Parliament.
- Arguments for and against a codified constitution include clarity and protection of rights versus flexibility and difficulty of codification given the UK's historical constitutional framework.
The document provides information about legislation and the legislative process in the UK. It discusses why new laws are needed, how Parliament makes laws through Acts of Parliament and delegated legislation, and the process bills go through to become Acts. It describes the roles of the House of Commons and House of Lords in creating legislation. It also outlines some criticisms of the legislative process and methods of controlling delegated legislation.
The document discusses approaches to protecting rights in Australia under the Commonwealth Constitution. It outlines that rights are protected through structural protections, express rights, and implied rights. Structural protections include representative government, separation of powers, and the referendum process. There are five express rights, including freedom of religion. One implied right that has been found is the implied right to political communication. Rights can be enforced if the High Court rules legislation unconstitutional for infringing express or implied rights. In summary, the Constitution protects rights through its structure and a few express and implied rights, though some argue more extensive protections could be provided.
The UK constitution is largely unwritten and derives from many different sources over centuries. It consists of laws, conventions, historical documents and customs. Laws include acts of parliament, common law, and case law. Conventions are unwritten customs considered binding, but without legal force. An action can be considered unconstitutional if it breaks any rule of the constitution. The constitution establishes parliamentary sovereignty and the rule of law.
The document explores whether a written constitution influences and limits government powers more than an unwritten one. It compares the US Constitution, which is written, to the UK constitution, which is partly written and partly based on conventions and precedents. The key principle of the UK constitution is parliamentary sovereignty, which establishes Parliament as the supreme legal authority that can create or repeal any law.
Presantation, Separation of uk constitution (S M RUBEL RANA)S M Rubel Rana
This document discusses the principle of separation of powers in the UK constitution. It notes that while the principle is fully expressed in the US constitution, it is only used as a guide in the UK. The document traces the origins of separation of powers back to Aristotle and was later developed by Montesquieu. It then describes how powers are separated in the UK between the executive, legislative, and judiciary branches, but also notes some overlap and anomalies. Specifically, it outlines the roles of each branch and their relationships with each other, noting both independence and areas of control.
The document discusses key features of several country's constitutions, including the UK, USA, France, Switzerland, and China. Some of the main points about the UK constitution include that it is unwritten and evolved over centuries through conventions, judicial decisions, and acts of parliament. It also discusses the flexibility of the UK constitution and the parliamentary sovereignty. The summary focuses on comparing the salient features of different constitutions.
The document discusses the strengths of the UK constitution. It begins by stating the objectives of identifying strengths of the UK constitution and reflecting on learning from the unit. Some key strengths mentioned include parliamentary sovereignty, which establishes that parliament has ultimate lawmaking power; the principle of the rule of law; and the existence of a unitary state with power held by the central Westminster Parliament. However, some argue these principles are outdated given developments like devolution and European law. An advantage of the UK's uncodified constitution is that it allows for flexibility and reform, as demonstrated by recent constitutional changes. However, some reforms like devolution may limit future flexibility.
The relationship between the separation of powersRatnesh Dwivedi
The document discusses the relationship between the separation of powers, rule of law, and parliamentary sovereignty in the British constitution. It outlines how the executive, legislative, and judicial branches are meant to be separated but checks on one another. While parliament has sovereignty, in practice the executive holds influence through party control of parliament. The rule of law requires all are equal before the law. However, recent developments like human rights laws and EU regulations have limited parliament's historic supremacy.
The document discusses key aspects of the Australian Constitution, including the division of law-making powers between the Commonwealth and state parliaments. It covers the types of law-making powers - residual, exclusive, and concurrent - as well as the impact of Section 109 which establishes the primacy of Commonwealth laws over inconsistent state laws. Methods of changing the division of powers are also discussed, including referendums, High Court interpretations, and the states referring powers to the Commonwealth. One successful 1967 referendum is highlighted which gave the Commonwealth power over Indigenous affairs, previously a state power.
This document discusses unitary forms of government and analyzes the structural characteristics of the United Kingdom as a unitary state. It defines a unitary government as one where power is concentrated in a central government and local governments are not autonomous. The UK is provided as an example and its characteristics are outlined, including it having an unwritten constitution, a parliamentary democracy with the monarch as head of state, and a bicameral legislative system. Key principles like parliamentary sovereignty, separation of powers, and the rule of law in the UK system are also summarized.
The document discusses the legislative process in the UK and limitations on parliamentary sovereignty. It identifies advantages like the democratic process and transparency, and disadvantages such as confusing language and structure in acts of parliament. Parliamentary sovereignty means parliament can make any law and is not bound by previous decisions, though it is limited by EU membership, the Human Rights Act 1998, and devolution which allows Scotland and Wales to make some laws.
Topic 1_ INTRODUCTION TO THE CONSTITUTION AND SOURCES OF THE CONSTITUTION (1)...Saratha28
The document provides an introduction to the UK constitution, including definitions of key terms like constitutional law and different types of constitutions. It notes that the UK has an unwritten constitution comprised of several sources, including statute law, delegated legislation, common law, constitutional conventions, authoritative texts, royal prerogative, and international treaties. Statute law includes both regular statutes and some considered especially important to the constitution. Common law is developed through judicial precedent. Constitutional conventions are unwritten rules that guide the political system.
This document summarizes a presentation on parliamentary sovereignty in the UK. It begins with an introduction to the UK parliamentary system, which consists of the Crown, House of Lords, and House of Commons. It then discusses key characteristics of parliamentary sovereignty according to A.V. Dicey's definition, including that parliament can make or repeal any law and cannot be bound by previous legislation or judicial review. The document also examines factors that affect the sovereignty of the UK parliament and compares it to the sovereignty of Bangladesh's parliament.
The judiciary plays several key political roles in the UK system of government. It acts to dispense justice fairly, interpret the laws as intended by Parliament, and establish legal precedents through case law. However, judges' ability to check the executive has come under increasing criticism from politicians, as judges have challenged government policies on issues like civil liberties, counter-terrorism laws, and sentencing guidelines. To increase the independence and impartiality of the judiciary, major reforms were passed in 2005 that replaced the Lord Chancellor and established new judicial appointment processes.
Model essay: Should the UK adopt a codified constitutionmattbentley34
The document discusses the arguments for and against the UK adopting a codified constitution. It explains that a codified constitution would make rules clearer and protect individual rights through a bill of rights, but could also lead to judicial tyranny and undermine parliamentary sovereignty. The key arguments against are that codified constitutions are rigid and inflexible, which is problematic in a rapidly changing society. Overall, the document concludes that the UK should not adopt a codified constitution due to the importance of flexibility to amend laws through acts of parliament rather than constitutional changes.
Model essay should the uk adopt a codified constitutionmattbentley34
The document discusses the arguments for and against the UK adopting a codified constitution. Key points include:
- Codified constitutions are more rigid and difficult to amend than uncodified constitutions like the UK's, making codified constitutions less able to adapt to changing times.
- Codified constitutions could lead to "judicial tyranny" as unelected judges, not accountable to the public, would have power to interpret and police the constitution.
- Adopting a codified constitution would abolish the UK's principle of parliamentary sovereignty by which Parliament can make or change any law.
- On balance, the document concludes the UK should not adopt a codified constitution due to the risks of inf
How to Show Sample Data in Tree and Kanban View in Odoo 17Celine George
In Odoo 17, sample data serves as a valuable resource for users seeking to familiarize themselves with the functionalities and capabilities of the software prior to integrating their own information. In this slide we are going to discuss about how to show sample data to a tree view and a kanban view.
The Jewish Trinity : Sabbath,Shekinah and Sanctuary 4.pdfJackieSparrow3
we may assume that God created the cosmos to be his great temple, in which he rested after his creative work. Nevertheless, his special revelatory presence did not fill the entire earth yet, since it was his intention that his human vice-regent, whom he installed in the garden sanctuary, would extend worldwide the boundaries of that sanctuary and of God’s presence. Adam, of course, disobeyed this mandate, so that humanity no longer enjoyed God’s presence in the little localized garden. Consequently, the entire earth became infected with sin and idolatry in a way it had not been previously before the fall, while yet in its still imperfect newly created state. Therefore, the various expressions about God being unable to inhabit earthly structures are best understood, at least in part, by realizing that the old order and sanctuary have been tainted with sin and must be cleansed and recreated before God’s Shekinah presence, formerly limited to heaven and the holy of holies, can dwell universally throughout creation
Beginner's Guide to Bypassing Falco Container Runtime Security in Kubernetes ...anjaliinfosec
This presentation, crafted for the Kubernetes Village at BSides Bangalore 2024, delves into the essentials of bypassing Falco, a leading container runtime security solution in Kubernetes. Tailored for beginners, it covers fundamental concepts, practical techniques, and real-world examples to help you understand and navigate Falco's security mechanisms effectively. Ideal for developers, security professionals, and tech enthusiasts eager to enhance their expertise in Kubernetes security and container runtime defenses.
Split Shifts From Gantt View in the Odoo 17Celine George
Odoo allows users to split long shifts into multiple segments directly from the Gantt view.Each segment retains details of the original shift, such as employee assignment, start time, end time, and specific tasks or descriptions.
The membership Module in the Odoo 17 ERPCeline George
Some business organizations give membership to their customers to ensure the long term relationship with those customers. If the customer is a member of the business then they get special offers and other benefits. The membership module in odoo 17 is helpful to manage everything related to the membership of multiple customers.
Front Desk Management in the Odoo 17 ERPCeline George
Front desk officers are responsible for taking care of guests and customers. Their work mainly involves interacting with customers and business partners, either in person or through phone calls.
Credit limit improvement system in odoo 17Celine George
In Odoo 17, confirmed and uninvoiced sales orders are now factored into a partner's total receivables. As a result, the credit limit warning system now considers this updated calculation, leading to more accurate and effective credit management.
Is Email Marketing Really Effective In 2024?Rakesh Jalan
Slide 1
Is Email Marketing Really Effective in 2024?
Yes, Email Marketing is still a great method for direct marketing.
Slide 2
In this article we will cover:
- What is Email Marketing?
- Pros and cons of Email Marketing.
- Tools available for Email Marketing.
- Ways to make Email Marketing effective.
Slide 3
What Is Email Marketing?
Using email to contact customers is called Email Marketing. It's a quiet and effective communication method. Mastering it can significantly boost business. In digital marketing, two long-term assets are your website and your email list. Social media apps may change, but your website and email list remain constant.
Slide 4
Types of Email Marketing:
1. Welcome Emails
2. Information Emails
3. Transactional Emails
4. Newsletter Emails
5. Lead Nurturing Emails
6. Sponsorship Emails
7. Sales Letter Emails
8. Re-Engagement Emails
9. Brand Story Emails
10. Review Request Emails
Slide 5
Advantages Of Email Marketing
1. Cost-Effective: Cheaper than other methods.
2. Easy: Simple to learn and use.
3. Targeted Audience: Reach your exact audience.
4. Detailed Messages: Convey clear, detailed messages.
5. Non-Disturbing: Less intrusive than social media.
6. Non-Irritating: Customers are less likely to get annoyed.
7. Long Format: Use detailed text, photos, and videos.
8. Easy to Unsubscribe: Customers can easily opt out.
9. Easy Tracking: Track delivery, open rates, and clicks.
10. Professional: Seen as more professional; customers read carefully.
Slide 6
Disadvantages Of Email Marketing:
1. Irrelevant Emails: Costs can rise with irrelevant emails.
2. Poor Content: Boring emails can lead to disengagement.
3. Easy Unsubscribe: Customers can easily leave your list.
Slide 7
Email Marketing Tools
Choosing a good tool involves considering:
1. Deliverability: Email delivery rate.
2. Inbox Placement: Reaching inbox, not spam or promotions.
3. Ease of Use: Simplicity of use.
4. Cost: Affordability.
5. List Maintenance: Keeping the list clean.
6. Features: Regular features like Broadcast and Sequence.
7. Automation: Better with automation.
Slide 8
Top 5 Email Marketing Tools:
1. ConvertKit
2. Get Response
3. Mailchimp
4. Active Campaign
5. Aweber
Slide 9
Email Marketing Strategy
To get good results, consider:
1. Build your own list.
2. Never buy leads.
3. Respect your customers.
4. Always provide value.
5. Don’t email just to sell.
6. Write heartfelt emails.
7. Stick to a schedule.
8. Use photos and videos.
9. Segment your list.
10. Personalize emails.
11. Ensure mobile-friendliness.
12. Optimize timing.
13. Keep designs clean.
14. Remove cold leads.
Slide 10
Uses of Email Marketing:
1. Affiliate Marketing
2. Blogging
3. Customer Relationship Management (CRM)
4. Newsletter Circulation
5. Transaction Notifications
6. Information Dissemination
7. Gathering Feedback
8. Selling Courses
9. Selling Products/Services
Read Full Article:
https://digitalsamaaj.com/is-email-marketing-effective-in-2024/
AI Risk Management: ISO/IEC 42001, the EU AI Act, and ISO/IEC 23894PECB
As artificial intelligence continues to evolve, understanding the complexities and regulations regarding AI risk management is more crucial than ever.
Amongst others, the webinar covers:
• ISO/IEC 42001 standard, which provides guidelines for establishing, implementing, maintaining, and continually improving AI management systems within organizations
• insights into the European Union's landmark legislative proposal aimed at regulating AI
• framework and methodologies prescribed by ISO/IEC 23894 for identifying, assessing, and mitigating risks associated with AI systems
Presenters:
Miriama Podskubova - Attorney at Law
Miriama is a seasoned lawyer with over a decade of experience. She specializes in commercial law, focusing on transactions, venture capital investments, IT, digital law, and cybersecurity, areas she was drawn to through her legal practice. Alongside preparing contract and project documentation, she ensures the correct interpretation and application of European legal regulations in these fields. Beyond client projects, she frequently speaks at conferences on cybersecurity, online privacy protection, and the increasingly pertinent topic of AI regulation. As a registered advocate of Slovak bar, certified data privacy professional in the European Union (CIPP/e) and a member of the international association ELA, she helps both tech-focused startups and entrepreneurs, as well as international chains, to properly set up their business operations.
Callum Wright - Founder and Lead Consultant Founder and Lead Consultant
Callum Wright is a seasoned cybersecurity, privacy and AI governance expert. With over a decade of experience, he has dedicated his career to protecting digital assets, ensuring data privacy, and establishing ethical AI governance frameworks. His diverse background includes significant roles in security architecture, AI governance, risk consulting, and privacy management across various industries, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: June 26, 2024
Tags: ISO/IEC 42001, Artificial Intelligence, EU AI Act, ISO/IEC 23894
-------------------------------------------------------------------------------
Find out more about ISO training and certification services
Training: ISO/IEC 42001 Artificial Intelligence Management System - EN | PECB
Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
-------------------------------------------------------------------------------
How to Install Theme in the Odoo 17 ERPCeline George
With Odoo, we can select from a wide selection of attractive themes. Many excellent ones are free to use, while some require payment. Putting an Odoo theme in the Odoo module directory on our server, downloading the theme, and then installing it is a simple process.
Join educators from the US and worldwide at this year’s conference, themed “Strategies for Proficiency & Acquisition,” to learn from top experts in world language teaching.
No, it's not a robot: prompt writing for investigative journalismPaul Bradshaw
How to use generative AI tools like ChatGPT and Gemini to generate story ideas for investigations, identify potential sources, and help with coding and writing.
A talk from the Centre for Investigative Journalism Summer School, July 2024
2. Key issues What is a constitution? What are the functions of a constitution? What are the differences between codified and unmodified constitutions? What are the sources of the UK Constitution? What are the features of the UK Constitution? Where does sovereignty reside in the UK Constitution? In what ways has the UK Constitution been reformed since 1997? What are the prospects for further reform under the Coalition Government?
3. What is a constitution? A set of principles, which may be written or unwritten, that establishes the distribution of power within a political system, relationships between political institutions, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself.
4. What does a constitution do? 1. It determines where power should be distributed within a state. It establishes the rules that govern the relationships between different institutions of the state e.g. that between the executive and the legislature. It usually sets the limits of the power of the executive- in the UK there is no legal restriction o the competence of Parliament as it is sovereign. Constitutions set out the rights of the citizens, usually incorporated in a written bill of rights or in the case of the UK the Human Rights Act. Constitutions establish the process by which the constitution is amended.
5. What are the differences between codified and uncodified constitutions? Codified: It is written down in a single document- it has a single source- e.g. the American Constitution. There are two tiers of law ( higher or basic laws affect constitutional arrangements whereas ordinary law does not) Uncodified: Parts may be written- e.g. statute law in the UK but it is not all collated in one single document. In the UK there is no distinction between constitutional and other laws. Laws affecting the constitution e.g. Human Rights Act are passed in the same way as any other law.
6. What is meant by entrenchment? A device which protects the constitution from short term amendment. The US has a complicated process of amendment. In the UK it is not possible to entrench the constitution because Parliament is sovereign. However, from 1997, it has been the custom to pass major constitutional change only after a yes vote in a referendum. For example, the 2 million or so voters in Wales will be asked on 3 rd March 2011 whether primary legislative powers be granted to the Welsh assembly.
7. What is meant by judicial review? This is when a court interprets what the constitution is. This is often the result of a legal challenge. The constitution is often unclear and judges have to interpret what it means on an issue and this is the process of judicial review. Therefore in all type of constitution both codified and otherwise, judges are involved in reinterpreting what the Constitution means. In the USA this has enabled the Supreme Court to successfully challenge both state and Federal law. In the UK, where Parliament is sovereign, judges can declare that an act of Parliament is incompatible with the Human Rights act- e.g. 2004 the indefinite detention of foreign terror suspects but it is up to Parliament whether it complies and then passes remedial legislation to remedy the situation.
8. Should the British Constitution be codified? Yes A written constitution would better safeguard rights- the HRA does not limit the power of Parliament to legislate as it alone is sovereign. Liberals and other reformers would argue against the encroachment of executive power A written constitution would create much better public awareness of what the constitution is and what people’s rights are. UK is unusual in the modern world in that it does not have a written constitution. No It is adaptable to changing circumstances as it is easy to amend. The power of unelected bodies has simply passed to elected or accountable bodies. Crown Prerogative powers are now exercised by the Prime minister who is answerable to the elected House of Commons. Because constitutional safeguards are weaker in the UK Governments can respond more easily to crises such as the increased terror threat after 9/11. It has stood the test of time, unlike much of the Continent there have been no violent revolutions or civil wars for several centuries.
9. In what ways has the United Kingdom moved towards a written constitution in recent years? The incorporation of the ECHR into UK law 1998 Devolution has codified the powers of the Scottish parliament and devolved assemblies. Membership of the European Union has involved a codification via various treaties such as the Treaty of Accession (1972), Maastricht 1992 etc… FOI act has codified the public’s right to see public information. Political Parties, Elections and Referendums Act 2000 codified status and conduct of political parties. Use of referendums prior to significant constitutional changes such as devolution effectively entrenches these changes. Electoral Commission has a codified set of rules for conduct elections and referendums.
10. Unitary and federal Constitutions Unitary Sovereignty is concentrated. There is one sovereign Parliament Legally, there is no limit to the ability of Parliament to pass any law. Federal Sovereignty is not centralised but shared between central bodies and regional institutions. The legal capacity of each is restricted by the constitution.
11. What are the sources of the UK Constitution? Parliamentary statutes : These are laws which affect the Constitution. An example would be the Scotland Act 1998 which established a legislative and tax raising Parliament in Scotland. Most laws are not statute law because they do not have a bearing on the Constitution. Conventions: An unwritten rule which has such widespread acceptance that they are not challenged. The powers of the Prime Minister are based on the convention that the prerogative powers of the monarch are exercised on her behalf by the Prime Minister. Historical Principles : These have been established over a long period of time and thus have become binding- the sovereignty of Parliament, parliamentary government- authority of the government is drawn from Parliament and not the people, rule of law. Common Law: Development of laws through historical usage and tradition- right of free movement and peaceful protest and freedom from arbitrary arrest. For the most part civil rights are now codified in the HRA. The prerogative powers of the PM are common law powers as never codified or put into formal legislation. Tradition: Procedures of both House Parliament are traditional e.g. rules of debate
12. What are the main characteristics of the UK Constitution? It is uncodified It is not entrenched- easy to amend merely by an act of parliament which is statute Law. Constitutional Monarchy- loss of the arbitrary prerogative powers to the Prime Minister. All law making power passed to Parliament. Monarch does not refuse royal assent to parliamentary bills. Parliamentary Government- as the ministers are drawn from parliament there is no separation of the Executive from the Legislature. Parliamentary Sovereignty- only Parliament can pass laws- hence government bills need to be legitimised by Parliament. Parliament can bring down a government by passing a vote of no confidence. Party Government? Principles of mandate, collective responsibility, government and opposition depend that one party wins the election outright. However, in the aftermath of May 2010, no party won and party government was not possible. Unitary government: In spite of devolution, there is still only one sovereign Parliament in the UK.
13. What are the strengths and weaknesses of the UK Constitution? Strengths It is flexible and adaptable precisely because it is not written down. It has stood the test of time Parliament and the government can act decisively unrestricted by constitutional constraints Tradition such as the monarchy help maintain public support for the system. Weaknesses Lack of restraints on Parliament's legislative capacity is a threat to minority rights. It contains outdated institutions such as the house of Lords. Lack of separation of powers means the government can dominate the legislature. Many people are ignorant of the constitution precisely because it is uncodified.
14. Types of sovereignty in the UK Legal: The ultimate power to make laws- Parliament… Political sovereignty: where power resides in reality- the executive as it dominates Parliament via its majority and control of the parliamentary timetable. The Prime Minister via the exercise of Crown Prerogative powers which are not subject to parliamentary control… Treaties such as EU treaties which are signed using prerogative powers are only recognised as legal by UK courts if they have then been passed by Parliament.
15. What has been the effect of the EU on UK sovereignty? EU laws are superior to national laws of member states- 1991 the Factortame Case the ECJ declared that the 1988 UK Fisheries Act was inferior to EU legislation in this area. UK Courts must implement EU laws. European Court of Justice (ECJ) is the highest appeal court in disputes between member states and the EU. Qualified Majority Voting refers to those areas where an absolute majority in the Council of ministers is no longer necessary before EU law becomes binding on all member states. This was introduced in 1986 and greatly extended under the terms of the Maastricht treaty 1992.
16. Where does sovereignty reside in the UK? In this type of short answer question, you must say that legally Parliament is sovereign however political sovereignty has changed over the course of the years... Because devolution has been based on a popular mandate in a referendum, it is highly unlikely that Westminster would dissolve these bodies. The Scottish parliament derives sovereignty from the claim of right which holds that in Scotland, the Scottish electorate is sovereign. The 1998 Good Friday Agreement established a confederal partnership between Westminster and the Irish Republic over the future of the Province of Northern Ireland. The European Communities act 1972 transferred sovereignty in certain areas from Westminster to the EU. The principal areas affected are Trade, Agriculture, Fishing, Employment Law, Consumer Law, Competition Control, Regional economic Development.
17. The highest court in the EU is the European Court of Justice at Brussels. It is the final court of appeal. British Courts are obliged to challenge acts of parliament and practices which are in contradiction of EU law. In 1998, (Factortame Case) the ECJ ruled that the 1988 UK Fisheries Act was incompatible with EU law and was declared null. In March 2011, the ECJ declared that insurance companies which offere cheaper life, health and car insurance on the basis of gender were incompatible with EU law and the Coalition Government has dropped a coalition pledge to reform air passenger duty on planes leaving the UK on the grounds it would conflict with EU law.
18. Motives for constitutional reform by 1997 Long standing commitment on the part of the Labour party which had always advocated popular democracy, equal rights and reduction of establishment powers such as reform of the Lords. The long period in opposition 1979-1997 had created a desire for change to prevent another situation where the political agenda would be dominated by one party. Growing support for change- opinion polls and in pressure groups such as Charter 88 and the Liberal Democrats. Consider the democratic deficit- a largely non Conservative Scotland and Wales ruled by Conservative governments in Westminster.
19. Themes for reform Democratisation Decentralisation Restoration of Rights Modernisation
20. Impact of Labour reforms House of Lords: Labour was committed to reform in two stages- the removal of the hereditary peers and the setting up of a royal commission of enquiry to suggest a permanent reformed upper chamber. Under Tory opposition, the government agreed to the retention of 92 hereditary peers until the second stage was completed. An independent appointments commission was established to vet nomination of life peers including ‘peoples’ peers’ although the PM decided when to appoint. Also, the Wakeham commission was established to suggest different composition of a reformed chamber. The Commission suggested three proposals but as reform requires cross party support in the Commons it failed. By 2011 the two main parties favoured a largely elected second chamber. The chamber came under unwelcome scrutiny over the cash for peerages scandal engulfing the latter years of the Blair government and also the Peergate lobbying scandal and peers have been criticised for expenses scandals including one parliamentarian who has been indicted. Parliament: Very little progress, creation of special standing committees and the removal of the sessional cut off point for some bills, some reform of working practices for family friendly hours- largest ever female intake of new MPs 1997- ‘Blair’s Babes’. With the revelation of the Expenses’ scandal 2009, reform here has shifted to expenses with the creation of IPSA as the independent regulatory body of MPs expenses. Human Rights: A formal codification of the ECHR in UK law. It is a clear statement of rights and removes the obligation of litigants to take cases to the ECHR at Strasbourg although this remains the final arbiter. Judges have interpreted the HRA to challenge the legality of acts of Parliament under the act and, as a result, the post 9/11 detention of foreign terror suspects indefinitely was suspended 2004. The act does not provide the UK with an entrenched Bill of Rights and it has come under attack from both main parties arguing it infringes on parliamentary sovereignty and places individual rights over the national interests. Electoral Reform: Increasingly embraced by Labour in opposition as a way out of single party dominance at Westminster. The Jenkins Royal Commission was set up which in 1998 advocated AV+, a combination of directly elected MPs based on preferential voting and list system by which parties would receive additional MPs so that their numbers more closely reflected voter support. Labour would only implement reform of Westminster elections following referendum. However, AMS used in devolved assemblies after 1999, Supplementary vote for the London Mayor, regional list system for European parliament elections and the devolved bodies in Wales, Scotland and Northern Ireland have introduced PR in local elections. Freedom of Information: This has been crucial in securing greater scrutiny and therefore accountability in terms of MPs expenses, health care provision, defence procurement and local authority procedures.
21. London: In 2000 a directly elected mayor and an elected assembly of 25 members. The London Mayor is not the same powerful figure as that of Paris and New York but is in a position to influence power. Livingstone as the first mayor introduced the congestion charge, won approval for a Cross rail system in London, both he and Johnson won increased funding for policing in London . Crucial role played by Livingstone in team winning 2012 Olympic games and he and now Johnson will play a crucial role in oversee the games. Regions: The formation of a Scottish parliament with tax raising powers and an executive. The first two parliaments saw the emergence of a LibLab coalition and followed by a minority SNP executive. Devolution has increased the separatedness of Scotland which already had considerable autonomy in education and law since 1707. An early victory over Westminster was the decision to abolish tuition fees in Scotland. Alex salmond as the Scottish first minister has referred to himself as the Scottish Prime Minister and to the Scottish Executive as the Scottish Government. In 2011, the Scottish Parliament voted to join Wales and Northern Ireland in abolishing tuition fees. In Wales, the assembly had no primary legislative powers but was allowed to ask Westminster to pass such laws as it wished affecting Wales. In a referendum March 2011, the Welsh electorate voted to grant such powers. BBC News - Welsh referendum: Low turnout 'a wake-up-call' The Welsh Executive was formed first by a minority Labour government and latterly by a Labour Plaid Cymru coalition. In Northern Ireland, the Good Friday Agreement 1998, required the power sharing between parties representing the Unionist and Nationalist communities. Direct rule was reimposed 2002-2007 following allegations of an IRA spy ring at Stormont. However, since then a power sharing executive representing the DUP and Sinn Fein. In 2011, the thorny issue of the transfer of responsibility for policing to the province was resolved. Attempts to establish regional assemblies in England have stalled with the low turnout and resounding no vote in the referendum for a North east assembly 2004. a question for all the devolved bodies remains that of powers and accountability. SNP want control over North sea oil revenues for Scotland. The Calman commission established under Labour has recommended a responsibility c 35% of raising taxation to be transferred to the Scottish parliament. Currently, the bulk of the funding spent in Scotland and all of that for the other regional bodies is raised centrally by Westminster, hence diminishing democratic accountability of those bodies responsible for spending that revenue.
22. Local Government: The Labour Government introduced legislation allowing for the creation of directly elected mayors. Very few referendums were held and few led to directly elected mayors. this policy has also been taken up by the Coalition Government, again with mixed results. Local councils were also given the option to changing to a cabinet system where councillors from the leading party would set policy and male key decisions. Referenda: Major constitutional change and reform has been or is promised to be backed by a yes vote in a referendum. This is to give the reform democratic legitimacy and to entrench it. At a local and regional level, devolution of powers either to a regional assembly or their strengthening or to elected mayors have all been backed by referendums. The Coalition Government will hold a referendum in May concerning the replacement of FPTP with AV. A referendum will also be held on an agreed structure and means of election/selection for a reformed House of Lords should that be achieved before the end of the Parliament. Judiciary: Criticism of the judiciary centred on the following areas: lack of separation of powers with the Lord Chancellor being a senior Cabinet post as well as the head of the judiciary and speaker of the House of Lords. The appeal court was the Law Lords and hence a further binding of the judiciary with the legislature. There was opposition to the fact that senior appointments in the judiciary were made senior politicians such as the Prime Minister and the Lord Chancellor.
23. Criticisms of the New Labour Constitutional Reforms Lib Dems and pressure groups such as Unlock Democracy and Liberty argue that only a fully elected second chamber will be accountable, authoritative and representative. Commons remains ineffective and inefficient with lack of government accountability. The Human Rights Act is not entrenched. Freedom of Information Act still allows government to be overly secretive. Failure of Labour to deliver on electoral reform.
24. Beyond 2010- Why is there continuing pressure for reform? Conservatives critical of continuing erosion of national sovereignty to EU and were critical of the Human Rights Act- hence Cameron’s call for a British Bill of Rights. Lib Dems want fundamental reform of the Lords, devolution, legal protection for civil liberties and greater transparency in government. Also the fall out from the expenses scandal 2009
25. The Coalition programme for reform Fixed term parliaments. However, there has been opposition from MPS over the 55% required for dissolution in place of a simple majority of 1. Referendum on AV for parliamentary elections to be held to coincide with the local elections in May. Reform of the Lords. There has been a lack of cross party support with many MPs fearing that a fully elected chamber will one day threaten the primacy of the Commons. Reform of the House of Commons. The Wright Committee 2009 recommended that greater power be given to backbenchers. The coalition responded by introducing election of select cttee chairs, setting the parliamentary agenda via a Backbench business cttee and allow petitions to Parliament. The Coalition has responded to the expenses scandal by introducing US style recall of corrupt MPs with de selection and a by election in the constituency affected. The Coalition introduced a pre election promised referendum on legislative powers for the Welsh assembly which was carried in March 2011, and for implementation of the Calman report- the Calman Commission was set up by Labour as a review into devolution for Scotland and recommends greater financial responsibility for the Scottish parliament upwards of 35% responsibility for raising of revenue there. Reduction of the size of the Commons by 10% and creation of equal electoral districts. Tensions remain over the Human Rights Act and the capacity of the ECHR to Challenge the government. Recent cases involve the rejection by the UK of the ban on the right of prisoners to vote and also the automatic inclusion for life on the sex offenders’ register without the possibility of legal challenge for all those convicted of sex offences. BBC News - David Cameron: UK human rights law review 'imminent‘ . The problem here, however is the fact that the Conservatives’ coalition partners are keen advocates of the HRA. Compulsory registration of lobby groups in order to regulate their operation in Parliament.