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 * __Constitutions__**


 * What is a Constitution?**


 * It is a set of rules that establishes the powers of political institutions
 * //eg. it can give the powers of the executive or the authority to the courts//
 * Puts limits on the powers also.
 * //eg. the extent to which a government can pursue a certain course of action.//
 * eg. it can give the citizen rights


 * Common elements of a constitution**


 * the length of time between elections
 * eligibility to vote
 * the rights and duties of a citizen
 * the extent and the limits of government power
 * the powers of the judiciary
 * the manner in which governments are formed
 * the role and powers of the legislature
 * the role and powers of the head of state
 * the relationship between central and sub-national government


 * Key Institutions**

Although constitutions vary from country to country, all constitutions have to enable the passing of laws and the execution and upholding of these laws.


 * Legislature**


 * Another name for ‘parliament’ and derives its name because it is where legislature is made.
 * In the UK, the //House of Commons// and the //House of Lord//s make up //Parliament.//
 * In the US, the //Senate// and the //House// //of// //Representatives// make up //Congress//.


 * Executive**


 * This is the name given to the government
 * Responsible for the day to day running of the state.
 * eg. //the execution and administration of policies and laws.//


 * In the UK, government ministers are the executive.
 * The PM is the head of the executive (government).
 * The civil service is the administrative arm of the executive.


 * In the US, the president is head of the executive and head of state.
 * In the UK, the Head of State is the Monarch.


 * Judiciary**


 * Institution responsible for the interpretation and enforcement of laws through courts.
 * Judges ensure the rule of law is upheld, dealing with offenders appropriately.
 * No politician is above the law and the judges can declare an action which exceeds the powers to be //ultra vires// (literally means, “beyond the powers”).
 * A change in law would be required to make the action legal.


 * Fusion of Powers**

· In the UK, the legislative, executive and judicial functions overlap. · Some individuals are both MPs (//legislature//) and members of the govt. (//executive//) · Also, Law Lords are senior judges (//judiciary//) who sit in the House of Lords (//Legislature//). · The Lord Chancellor is a cabinet minister (//executive//), head of the //judiciary// and also sits as a speaker in the House of Lords (//legislature//).


 * Separation of Powers**

· Unlike in the UK, some constitutions keep the main powers of the state separate. · The US Constitution was designed in this way so as to avoid over concentration of power.

· The executive and legislature do not overlap; so members of government are not also members of the legislature. · In the US, the president is elected separately and does not draw cabinet ministers from either house of Congress. · In the US, the president can appoint judges to the Supreme Court, but cannot dismiss them. · Separation of Powers is said to add further checks and balances.


 * Types of Constitutions**


 * Codified Constitutions**


 * A codified constitution is a written document where all the rules relating to powers of state institutions and the rights of citizens are located together.
 * Germany (post WWII), France (1950s), US (C18th)
 * The US constitution contains articles relating to the President, Congress, and the States.
 * Also there are amendments to the constitution.
 * The first ten (Bill of Rights) specify key rights of the citizen
 * The constitution is hard to change (2/3 of Congress, ¾ of state legislature)
 * Consequently there has only been 27 amendments in over 200 years.


 * Uncodified Constitutions**

The United Kingdom is one of very few nations with an uncodified constitution. The constitution in the UK, unlike the US, is not one single document. It comprises instead of a number of sources, unwritten and written:


 * **Statute**
 * This is another word for a law that has been passed by Parliament.
 * The 1969 Representation of the People Act (UK) was passed in the same way as other laws.
 * In the US however the reduction in voting age required an amendment to the Constitution.

· **Conventions** · These are customary and accepted practices which there is no law to enforce. · eg. General elections do not __have__ to be held on a Thursday. · eg. Ministerial responsibility – MPs don’t __have__ to resign. · These conventions rely on the consent and goodwill of those engaged in politics.


 * **Common Law**
 * This is law made by judges in their rulings on specific cases.
 * Unlike Statute law, common law is not found as written legislation.
 * Much is written about common law as it applies to notable past legal cases.


 * **Written Works of Constitutional Importance**
 * Thomas Erskine May’s //Treatise upon the Law, Privileges, Proceedings, and Usage of Parliament// is seen as the definitive guide to rules of conduct for MPs.
 * //The English Constitution// by Walter Bagehot


 * **Treaties**
 * The Treaty of Rome 1972 – effectively determined a number of policy areas such as trade.