What is a constitution? - presentation

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 starter activity
Preambles
The preamble to a constitution introduces the reader to the main ideas behind
the document. Read these 3 preambles. What do they have in common? Which
should be adopted by the UK?
What is a constitution?
 Aims
To define what we mean by the term ‘constitution’
To analyse the purpose and content of constitutions
To identify the main characteristics of the UK
constitution.
 Your task
Read Watts p.150 and in your own words write a
brief definition of a constitution.
Magna Carta, still a source of the
UK constitution
Constitutions
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Establish clear rules & principles
for governing a country
Relationship between
organisations
Limitations on powers
Political & non-political bodies,
e.g. charities have constitutions
Often include statements on
rights of individuals, e.g.
preamble
 Your task
Read p. 150-1 and list the reasons why countries
need constitutions. Which is the most important
reason?
Purposes
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Legitimacy
Protect freedom
Encourage stability
Draw attention to goals &
values, e.g. US Constitution
Set out spheres of influence,
e.g. in federal systems
Create a fresh start
UN logo
 Your task
Read p. 151-2 and note the differences between:
written and unwritten constitutions; flexible or
rigid; unitary or federal constitutions. Note the
differences between these types of constitutions:
monarchical & republican; presidential &
parliamentary; constitutions based on
sovereignty of parliament or people
Written v. unwritten
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Britain lacks a written or codified constitution
Constitutional rules are written, e.g. in statutes,
but gathered into single document
Flexible or rigid
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Altered by majority in legislature, e.g. New
Zealand & UK
Rigid constitutions laws are fundamental and
amendments very difficult, e.g. US constitution
amended 27x since 1776
Unitary or federal
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Britain, Israel, France & Ireland have unitary
constitutions
Suited to smaller countries with limited cultural,
ethnic & linguistic diversity
Power concentrated in hand of central govt.
Federal system: power divided between centre &
regional authorities, e.g. US
Monarchical v. republican
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Constitutional monarchies, e.g. Britain &
Holland; monarch is head of state with limited
powers
Republic: no hereditary head of state, leader
elected by people
Presidential v. parliamentary
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Presidential: separation of powers, executive is
separate from legislature
Parliamentary: executive chosen from legislature,
e.g. PM & Cabinet drawn from MPs
Sovereignty of parliament v. people
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Sovereignty means having the authority to
govern
Britain: Parliament primary law-making body
US: people are sovereign, e.g. US Constitution
(1787), ‘We the people of the US do ordain and
establish this Constitution’
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Do you think it is time Britain’s constitution should be
written in a single document?
What are strengths / weaknesses of rigid and flexible
constitutions
Should Britain become a federal country?
Should Britain become a republic?
What is the danger of Britain not having ‘separation of
powers’?
Which is better, the sovereignty of the parliament or its
people?
 Your task

Read Watts p.153-4 and create a scales chart
highlighting the strengths and weaknesses of
having an uncodified constitution. Do the
weaknesses outweigh the strengths? Write a
judgement paragraph at the bottom of your
chart.
Strengths
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UK Parliament is sovereign: AV Dicey,
parliament has is supreme law-making body
Constitution can be easily amended; no one
parliament can bind its successors
Rule of law: no one is above the law; innocent
until proven guilty; essential liberties derive from
judicial decisions based on common law
Executive is accountable to legislature
Weaknesses
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No single document
Federal system offers more power to regions,
e.g. Scotland and Wales
Rule of law not always upheld, e.g. not everyone
is equal before the law; judicial decisions are
now enshrined in Human Rights Act (1998)
Lack of separation of powers leads to abuse, e.g.
Cash for Honours scandal
 Homework
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Read Watts p.154-5 and draw a tree and on each
branch list and explain the different sources of
the UK constitution.
 Plenary
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Write the preamble to your own constitution of
the United Kingdom.
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