Politics UK

Eleventh Edition

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Chapter 14

The changing constitution

Chapter Summary

The British constitution remains distinctive for not being codified in a single document. It is drawn from several sources and retains the main components that it has developed over three centuries. Although little debated in the years between 1945 and 1970, it has been the subject of dispute – and of change – in the years since. Proponents of reform have argued that existing constitutional arrangements have not proved adequate to meet the political and economic challenges faced by the United Kingdom. They have pressed for reform, and various approaches to change have developed. Debate has polarised around two approaches: the liberal, favouring a new constitutional settlement for the United Kingdom, and the traditional, favouring retention of the principal components of the existing constitution.

The constitution has undergone significant change as a result of British membership of the EC/EU and of reforms undertaken by successive governments after 1997. The constitution had difficulty acclimatising to membership of the EC/EU. The referendum vote in 2016 to withdraw from the EU, after more than 40 years of membership, then generated major constitutional challenges of its own. The juridical dimension of the constitution has been strengthened as a result of the incorporation of the European Convention on Human Rights into British law. It has also been strengthened by the devolving of powers to elected bodies in different parts of the UK, the courts acting in effect as constitutional courts for the devolved bodies; and by the creation of a supreme court. Devolution has seen some powers pass to elected bodies in Scotland, Wales and Northern Ireland. The consequence of these changes has been to change the contours of the traditional, or Westminster, system of government, although not destroying the system altogether.

The constitution remains a subject of political controversy, posing problems for each of the main political parties. Governments this century have pursued change but have done so on a pragmatic basis, embracing no coherent approach to change. The British constitution has changed significantly in recent years and continues to be the subject of demands for further change, but its future shape remains unclear.

Learning Objectives

  •  To identify the sources and key components of the British constitution.
  • To analyse the nature of the debate about the British constitution.
  • To consider the major changes and modifications made to the constitution in recent years.
  • To detail the arguments for and against some of the major changes that have taken place or are proposed to the constitution, including electoral reform.
  • To address the problems faced by political parties as a consequence of constitutional change.

Quizzes

Test your knowledge with the Chapter 14 quizzes!

Quiz

Discussion Questions

  1. The UK constitution is often praised for its flexibility but criticized for lacking clarity. Should the UK adopt a codified constitution, or does the current uncodified system offer advantages?
  2. How have recent constitutional changes, such as devolution, Brexit, and House of Lords reform, affected the stability of the UK’s political system? Have they strengthened or weakened democracy?

Constitution Unit – A research center at UCL focusing on constitutional reform and governance. (www.ucl.ac.uk/constitution-unit)

Campaign for Freedom of Information – A campaign advocating for greater transparency and public access to government information. (www.cfoi.org.uk)

Unlock Democracy – A grassroots campaign for democratic reforms in the UK. (www.unlockdemocracy.org)

Independent Commission on the Voting System (Jenkins Commission) – Archived government documents on voting system reform. (http://webarchive.nationalarchives.gov.uk/20140131031506/http://www.archive.official-documents.co.uk/document/cm40/4090/contents.htm)

Ministry of Justice: Governance of Britain – Government publications on constitutional issues. (www.gov.uk/government/publications/the-governance-of-britain)

House of Lords Constitution Committee – A parliamentary committee examining constitutional matters. (www.parliament.uk/business/committees/committees-a-z/lords-select/constitution-committee)

Flashcards

Refresh your knowledge of key terms with this chapter’s flashcards.

Positive Constitutionalism

a belief in a constitution serving as a mechanism through which the will of the people is paramount.

Constitution

the system of laws, customs and conventions which defines the composition and powers of organs of the state and regulates their relations with each other and with the citizens. Constitutions may be written or unwritten, codified or uncodified.

Conventions

unwritten rules of constitutional behaviour; generally agreed practices relating to the working of the political system, which have evolved over time.

Common Law

the body of law, distinct from statute law, based on custom, usage and the decisions of the law courts in specific cases brought over time.

Statute Law

those laws deriving their authority from Acts of Parliament and subordinate (delegated) legislation made under authority of the parent Act. Statute law overrides common law.

Parliamentary Sovereignty

the doctrine that Parliament is the supreme law-making body in the United Kingdom, with absolute legal right to make any law it chooses, itself an expression of parliamentary sovereignty. The sovereignty of Parliament is subject to a host of practical and political limitations.

Rule of Law

the idea that human activity should be controlled within a framework of agreed rules.

Constitutional Monarchy

while the monarch is the titular head of state invested with considerable legal powers, these powers are exercised almost without exception on ‘advice’ (i.e. by ministers), and the monarch has a largely symbolic role.

Royal Prerogative

powers that legally are in the hands of the crown, having been accepted by the courts over time as rightfully belonging to the monarch in his or her capacity as ruler. Most prerogative powers are now exercised by ministers (particularly the Prime Minister) who ‘advise’ the monarch as to their use.

Negative Constitutionalism

a belief in a constitution serving as a constraining mechanism, giving precedence to enduring principles over the transient will of the majority.

Entrenchment

the idea that the constitution is protected in some way against amendment by a temporary majority in the legislature. It is often secured via special provisions required to amend or change the constitution of a country; for example, in the USA, a two-thirds Congress majority. There may be provision for judicial review, i.e. that courts can review the constitutionality of statutes.

Flexible Constitution

a constitution with no formal method of amendment. The British constitution is amended either by an ordinary Act of Parliament or by a change in convention.

Mandate

the idea that winning the general election gives the government the authority to put its policies, either as stated in the campaign or as required by circumstances, into effect. It can also mean that the government is expected to put its manifesto into action, that it has made a binding contract with the electors.

Motion of no Confidence

a motion tabled (usually by the Leader of the Opposition) stating that ‘This House has no confidence in Her Majesty’s Ministers’. If passed, the government must, by convention, resign or request a dissolution of Parliament.