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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.
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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 • 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 • 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 • Britain lacks a written or codified constitution • Constitutional rules are written, e.g. in statutes, but gathered into single document
Flexible or rigid • 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 • 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 • 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 • 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 • 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’
• 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 • 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 • 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 • Read Watts p.154-5 and draw a tree and on each branch list and explain the different sources of the UK constitution.
Plenary • Write the preamble to your own constitution of the United Kingdom.