⇒ Constitutional law is NOT politics; cases and the legal issues are key

⇒ Constitutional law is very dynamic

⇒ A constitution should contain a set of rules

• It is NOT a complete and accurate description of all power relations in the State

⇒ Both politics and law are about conflicts/power and the systems by which conflicts can be resolved

⇒ The constitution lays down how rulers exercise their powers and what the government can and cannot do

⇒ It lays down the relationship between the citizen and the state

⇒ There is no definite definition of a constitution or what is should contain

Thin definition of constitution:

⇒ “Law that establishes and regulates the main organisms/institutions of government their organisation and powers”

⇒ A collection of legal and non legal rules making up a system of government

Thick definition of constitution:

⇒ The constitution defines the powers of government and their main organisations

⇒ It is a framework of rules

⇒ It could be in one or many documents

⇒ It operates as a superior form of law e.g. the constitution may limit the power of the state

⇒ Entrenched provisions

• Constitutional provisions are not easy to amend/change

⇒ Constitutional provisions are judiciable

• So the courts have the last say on the meaning of the constitution

⇒ The constitution is a “mirror reflecting the national soul” (Ishmael Mahomed, chief justice of Namibia and later CJ of South Africa)

⇒ The British constitution is uncodified (i.e. it is unwritten)

• Jack Straw, modernising the Magna Cart (2008): “No one document” exists. The constitution exists in “hearts and minds and habits as much as it does in law”

⇒ The constitution can be changed at will by those in power, but we do have a lot of constitutional legislation that makes it difficult to change it

⇒ Historic constitution

• Our constitution has evolved over a long time and we have never needed it codified. Most constitutions are only ever written up due to a great change in the country

⇒ Political constitution

• Our constitution comes from the principle of parliamentary sovereignty i.e. the constitution itself is created through political will and is what the crown and parliament says it is

⇒ Parliamentary constitution

• The principle Parliament is supreme in the UK is a key part of our constitution

⇒ Constitutional monarchy

• The Monarch is bound by the constitution and acts as Head of State
• The Monarch plays a largely ceremonial role today but historically had absolute power
• Now, the Monarch’s power is exercised by government (this is known as the royal prerogative)

⇒ Cabinet Government

• Our Government is made up of ministers of state (e.g. the Home Secretary, the Secretary of State for business, etc.) – cabinet is a meeting of these ministers

⇒ Parliamentary structure

• The UK has a bicameral legislature consisting of the House of Commons and House of Lords

⇒ Separation of powrs

⇒ Parliamentary Sovereignty

⇒ European Sovereignty

⇒ The central place of parliament is the British Constitution

⇒ The highest authority is the crown in parliament

⇒ Power is concentrated in the Prime Minister

⇒ Constitutional amendments require an Act of Parliament

⇒ Some elements of our constitution are controversial e.g. the Human Rights Act and Judicial independence

• Theresa May wants to see the Human Rights Act go, whilst Nick Clegg has said “it is here to stay”

⇒ Judicial independence is part of the separation of powers: Judicial independence is the concept that the judiciary needs to be kept away from the other branches of government (i.e. the judiciary is separate from Government and the Legislature)

⇒ You NEED an independent judiciary when resolving conflict

⇒ Statutes i.e. Acts of Parliament

⇒ The Common law i.e. case law made by the courts

⇒ EU law i.e. decisions made by Europe via the European Communities Act

⇒ Authoritative commentaries e.g. Blackstone and A.V.Dicey

⇒ Human Rights and civil liberties: Human Rights will always form part of the constitution

⇒ Royal prerogative: the Monarch’s power is given to the Government of the day

⇒ Constitutional conventions i.e. important rules of the Constitution that govern political practice

⇒ In Thoburn v Sunderland City Council [2002] 4 All ER 156, the judge (obiter dicta i.e. as an opinion) differentiated between an ‘ordinary’ statute and a ‘constitutional’ statute. It was said that a ‘constitutional’ statute is a statute that governs the legal relationship between citizen and state AND ALSO increases or shrinks the scope of fundamental constitutional rights