LAW ICOURSE 31242024 1

Assignment No 5 – Constitutions & the UK Constitution

A. Constitutions
1. Provide two or three definitions of a constitution. Use reliable sources, including
your reading material.

Constitution

a. In public law, the organic and fundamental law of a nation or state,

which may be written or unwritten, establishing the character and
conception of its government, laying the basic principles to which its
internal life is to be conformed, organizing the government, and
regulating, distributing, and limiting the functions of its different
departments, and prescribing the extent and manner of the exercise
of sovereign powers
b. A constitution is the rule book for a state. It sets out the fundamental
principles by which the state is governed. It describes the main
institutions of the state, and defines the relationship between these
institutions (for example, between the executive, legislature and
judiciary). It places limits on the exercise of power, and sets out the
rights and duties of citizens.

c. set of rules that define the system of government of a state

d. broader meaning: any kind of organization, not only a state.

2. What are the main functions or purposes of a constitution?

A Constitution is a set of rules which governs an organization, allocating powers and

duties, and also makes provision for the manner in which the organization relates to
outside bodies. On its descriptive connotation, it defines the manner in which the rules
operate, the legality of power, whereas on its normative/prescriptive side, it sets a
standard of conduct or behaviour which is expected to be adhered to by those to whom the
rules are addressed. Evaluative or judgmental since it also sets a santander of
governmental action and provides a criteria to judge it and say whether it conforms to
constitutionalism.

foundation - limit - constitutional framework - provide guidance in internal and external

affairs - thomas paine act of creation from the people
LAW ICOURSE 31242024 1

3. Classification of constitutions. What criteria are used to classify constitutions?

Complete the following chart:

Criterion UK Constitution US Constitution

written or unwritten unwritten/uncodified written

rigid or flexible flexible rigid/inflexible/entrenched

supreme or subordinate supreme supreme

federal or unitary unitary federal

separated or fused powers separated separated

republican or monarchical monarchical republican

4. Choose one of the criteria above. Write a paragraph explaining the relevant
criterion and identifying the differences between the UK and the US Constitution.
Use appropriate cohesive devices.

One of the main distinguishing features between the UK and the US are their
Constitutions. Whereas in the US there is a written constitution, in the UK there is an
unwritten constitution. This distinction can be explained by the fact that in the UK there
was no clear break in the continuity of history since 1066, when the Normans conquered
England, it is rather the result of gradual evolutionary development over centuries. On the
contrary, between 1775 and 1783 the American War of Independence took place and
prompted the drafting of the Constitution as a way to provide a fresh start that
distinguished the new form of government from a previous government system.

5. True or False? Account for your answer.

a. Article 5 of the US Constitution clearly illustrates why the US Constitution is a

flexible constitution. It enumerates and explains four possible amendment
pathways.

This statement is false since Article 5 of the US Constitution establishes an

entrenched/stringent procedure to amend the Constitution since constitutional
amendments may be proposed either by a two- thirds majority of both Houses of Congress
or, following a request by the legislatures of two- thirds of the states, by the convention
summoned by Congress. To be accepted, the proposed amendments must then be
approved by the legislatures of three- quarters of the states, or by conventions in three-
quarters of the states.

Proposal for amendment is made —> it should be made at a national level

LAW ICOURSE 31242024 1

1. by the passage from both houses (two-third vote in favor) Special majority

or
2. by means of a national convention, called by Congress, upon the request of two
thirds for the states (34 states).

Then it has to be ratified at a state level. three fourths of the state legislatures or
conventions called for that purpose in three-quarters of the states.

b. An entrenched constitution is one that requires special procedures for its

amendment.
True. An entrenched constitution can be defined as one that cannot be amended with ease
given that it stipulates stringent procedures to be followed in any attempt to amend it.

B. The UK Constitution

6. Classify the main sources of the UK Constitution into legal and non-legal:

Acts of Parliament – judicial precedent – conventions – the royal prerogative – the law
and custom of Parliament – authoritative works

LEGAL NON-LEGAL

Act of Parliament. Eg Human Rights Act conventions

The royal prerogative authoritative works

judicial precedent

the law and custom of Parliament eg how

parliament should work (legislative process)

legal, generally accepted as primary sources such as Acts of Parliament-non-legal, not

specific source

7. Enumerate the basic principles that form part of the UK Constitution and provide a
brief definition of each. If necessary, do your own research and cite your sources.
LAW ICOURSE 31242024 1

The Rule of Law

The rule of law is a principle that ensures that all individuals and institutions are
subject to and governed by the law. It implies that laws are clear, predictable, and
applied fairly and impartially. No one is above the law, including government
officials, and everyone is entitled to equal protection and due process.

Separation of Powers
“Separation of powers” refers to the idea that the major institutions of state should
be functionally independent and that no individual should have powers that span
these offices. The principal institutions are usually taken to be the executive, the
legislature and the judiciary.

Parliamentary Sovereignty of Supremacy

Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament
the supreme legal authority in the UK, which can create or end any law. Generally,
the courts cannot overrule its legislation and no Parliament can pass laws that
future Parliaments cannot change. Parliamentary sovereignty is the most important
part of the UK constitution.

The Magna Carta (Medieval Latin for "Great Charter of Freedoms'') was issued in 1215
and was the first document to assert limits to monarchical powers and rights to
individuals. It provided for freedom of the Church, the right of merchants to be free from
exorbitant taxation and the requirement for trial by jury.

The Human Rights Act 1998 came into force in 2000 and it (is a piece of legislation that)
sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It also
incorporates/gives effect to the rights set out in the European Convention on Human
Rights (ECHR) into domestic British law. The Human Rights that are covered by the Act
are:

● Article 2: Right to life

● Article 3: Freedom from torture and inhuman or degrading treatment
● Article 4: Freedom from slavery and forced labour
● Article 5: Right to liberty and security
● Article 6: Right to a fair trial
● Article 7: No punishment without law
● Article 8: Respect for your private and family life, home and correspondence
● Article 9: Freedom of thought, belief and religion
● Article 10: Freedom of expression
LAW ICOURSE 31242024 1

● Article 11: Freedom of assembly and association

● Article 12: Right to marry and start a family
● Article 14: Protection from discrimination in respect of these rights and freedoms
● Protocol 1, Article 1: Right to peaceful enjoyment of your property
● Protocol 1, Article 2: Right to education
● Protocol 1, Article 3: Right to participate in free elections
● Protocol 13, Article 1: Abolition of the death penalty

Under the act persons in the United Kingdom are able to pursue cases relating to their
human rights in U.K. courts. Before the implementation of the Human Rights Act of 1998,
in 2000, anyone in the United Kingdom who wished to complain of a violation of the
European Convention on Human Rights had to take the case to the European Court of
Human Rights in Strasbourg, France.

The Constitutional Reform Act 2005 reformed the office of Lord Chancellor, transferring
his powers as head of the judiciary to the Lord Chief Justice and providing for the House of
Lords to elect its own speaker. In addition the Appellate Committee of the House of Lords
– formerly the highest domestic court in the United Kingdom – has been replaced by a
Supreme Court which is physically separate from Parliament.

The Royal Prerogative are the unique powers of the Crown that arise out of the common
law. In modern times they are exercised largely by government ministers such as
the power to make war and deploy the armed forces; to conduct foreign policy and
make treaties; to make public and judicial appointments; to issue passports; and to
grant pardons and honours. Nevertheless, the Monarch still has the reserved
powers of appointing and dismissing ministers, including the Prime Minister;
summoning and proroguing parliament, and giving royal assent to bills passed by
parliament.

8. Constitutional conventions: Provide a definition and explain their main

characteristics. Cite at least two examples of constitutional conventions.

Constitutional conventions are unwritten maxims that supplement the legal rules of
the constitution. They entail habits or practices which, though they are binding
upon those who operate the constitution, they are not enforced by the courts. In
other words, they can be deemed as rules of constitutional behaviour. + non- legal
rule which imposes an obligation on those bound by the convention, breach or
violation of which will give rise to legitimate criticism; and that criticism will
generally take the form of an accusation of ‘unconstitutional conduct’.
LAW ICOURSE 31242024 1

An example of constitutional convention is the royal assent: despite having the

legal right to refuse to give the royal assent to the Bills passed by Parliament the
King must assent to such Bills unless advised to the contrary by her government.
Another constitutional convention that is worth mentioning is the power to appoint
Ministers. The King will appoint as Prime Minister the leader of the political party
with the majority of seats in the House of Commons.

Among the main characteristics of constitutional conventions is that they are

binding, prescriptive, not enacted by law, not written.

9. Write a paragraph beginning with the following topic sentence:

Constitutional conventions differ from laws in significant ways. First, sources of

legal rules are certain since they derive from judicial decisions or Acts of
Parliament. On the contrary

, it is hard to trace the origins of conventions as a particular form of conduct may