SUMMARY OF THE SECOND

UNIT

THE CHANGING
CONSTITUTION
Constitution: A set of rules which describes the powers and
dutiesof government institutions.

Constitutional: A spirit style of politics usually one in which

there is a balance between the different
institutions.

When we talk about the britain constitution we

cannot say when it was constituted but we can
mention that it is a system and style of politics
which have evolved over centuries.
In the 1970s, the Bristish authority in Northern
Ireland collapsed and began the problems about
the necessity of a qritten constitution.

SOURCES OF BRITISH CONSTITUTION

I.- COMMON LAW

Traditions and customs administered
by the old common courts.

II.- LAWS
a) Statutory of Parliamentary
b) Judges interpretations of statute law or Judicial
review

III.- Conventions
These are rules which, lacking the force of law, have
been adhered to for so long that they are regarded as
binding.

CONSEQUENCES
1.- THE ABSOLUTE AND UNLIMITED POWER OF PARLIAMENTARY
An act of Parliament is not constrained by any higher law, the courts
cannot set aside, but only interprete, statute law. Local and regional
authorities only derive their powers from central government, and
these may be rescinded.
2.- THE ONLY CHECK ON THE EXECUTIVE
Supported by a majority in the house is its sense of self-restrains and
the need or bargain with groups, appease backbenchers and respect
opposition rights in the commons.
3.- THE BRITISH STYLE IS NOT LEGALISTIC
Its pragmatic, intuitive, flexible and differs from the legalism found
in some Western European states.

Constitutional changes in recent years:

1.- Referendums
2.- Entry to the EC
3.- Demands for a bill of rights
4.- Tutelary law
5.- Devolution
6.- Critism of the role of judges
7.- The house of lords
8.- Conventions are weaker
9.- Multy-partyism
10.- The weakening concensus
11.- Northern Ireland To date this has proved to be an insoluble problem.
Four different forms of rules have been tried:
a) Majority rule Integration with the UK
b) Direct rule Integration with the Irish Republic
c) A power sharing- executive A British wirhdrawal
d) Direct rule again Repartition of the boarder

HOW THE CONSTITUTION CHANGES

In most states the constitution may be amended through a formal
process. Charges in conventions tend to be more gradual and
recognised as such only after the passsage of time.

OBJECTIONS TO A WRITTEN CONSTITUTION

1.- Traditions .- Having survived without one for long.
2.- Redundancy .- The existing system works reasonably well.
Theres not guarantee that a completely written constitution would
be better.
3.- Inappropriatness .- To the British style of conducting politics.
4.- Practical difficulties .- Constitutional reform is not an important
issue for most people. There is much disagreement about the
contents of a proposed constitution.
The main problem in a new settlement is to find a set of rules
which are acceptable to different view points.