Higher Politics

1. Higher Politics CONSTITUTIONS

2. Today we will… • Outline what a constitution is • Examine why constitutions are important

3. I can… • Explain what a constitution is within the context of law and order.

4. What is a Constitution? For any state to achieve a sense of order and identity, it requires a shared set of values to be recognised and accepted by its citizens. Such values tend to be instilled by a system of fundamental laws and principles, upheld by parliaments, courts and other institutions established to maintain and reinforce them. “a set of rules and prescriptions establishing the legal framework in which governments operate” - Max Belhoff

5. What is a Constitution? • https://www.youtube.com/watch?v=0UzKD8rZCc0 – What is a constitution? Watch the video clip and take down KEY POINTS on what constitutions are and what is usually included within constitutions.

6. Constitutions in basic terms… • Generally lay down what a government is allowed to do or not do! • Usually highlight the rights of a state’s citizens. (However, the language used in constitutions also makes them open to interpretation and further change).

7. Significant points on Constitutions No two constitutions will ever be the same as each state has its own unique identity and history however, some constitutions appear very similar. This can be linked to two keys tenants… Written and Unwritten Codified and Uncodified KEY VOCAB

8. Written vs Unwritten • All constitutions comprise elements thathave been written down (in a literal sense) for example, laws, but this does not make them ‘written constitutions’. • Written constitutions are codified frameworks: single documentssetting out the rights, values and responsibilities attached to membership of the states to which they relate.

9. Codifiedconstitutionshave tended to emerge in countries where there has been a sudden change in the entire system of government caused by a political upheaval such as a war, invasion, or revolution. This was the case for the USA which adopted its constitution on 17 September 1787. We will study the US Constitution in detail as part of this unit of study. What other examples of codified constitutions were mentioned in the video we just watched? NORWAY - 1814 SOUTH AFRICA - 1996

10. Written vs Unwritten • Therefore an unwritten constitution is not in one single document and is referred to as uncodified. • By this, it is meant that there is no single document that outlines, or details, the legal rights and liberties of the state’s citizens. • The greatest example of an uncodified constitution is the BRITISH CONSTITUTION.

11. Most modern democracies have codified constitutions There are advantages and disadvantages of each type The UK and US constitutions have many significant differences.

12. UK Constitution Make-up The UK constitution does exist in the written forms of: • Statutes (acts of parliament – laws i.e. any law is part of the constitution) • Court judgements (common law / judicial decisions/ test cases i.e. twitter) • Treaties However – the UK constitution does have unwritten sources, including: • Constitutional convention (unwritten rules governing politics) • Royal Prerogatives (privileges/powers the monarch has) • Authoritative opinion (what the govt is perceived to be allowed to do)

14. TASKS • Write a definition of the term ‘constitution’. • Write definitions of “Codified” and “Uncodified”, including examples

15. Design-a-Constitution In small groups you are going to come up with a list of things (e.g. rules, institutions, powers, rights) that you would include if you were going to write a constitution for the new free state of Tribankia. The only thing you have to guide you is that TribankiaMUST be a “democracy”.