Constitutional Law

Introduction
• Law and State
• Questions

• Overview:
1. Examine constitutions
2. Debates
 Constitutions 1
• Executive….
• Body or bodies that put the law into effect

• Legislature….
• Body or bodies that make laws

• Judiciary ….
• Body or bodies that settle disputes arising from
application or interpretation of the laws
 Constitutions 2
• Federal
• Various powers of government are divided
between different geographical units and a
central government

• Unitary
• Ultimate power is held by a central
government
 Constitutions 3
• Unicameral
• A single law making authority

• Bicameral
• Two legislative assemblies which act as a
check on the other
 Constitutions 4
• Split into 4 groups and given a constitution
• Have 15 minutes to determine:
• The name/names of the executive,
legislature and the highest judicial
body/bodies
• Whether constitution is federal or unitary
• Whether constitution is unicameral or
bicameral
• N.B. If time also consider the above in
relation to the UK
 Constitutions 5
• What does the UK constitution look like?
• It is uncodified
• Made up of legislation/cases/conventions
• Executive = The Government
• Legislative = Parliament
• Judiciary = Supreme Court
• It is unitary (but devolution)
• It has a bicameral system (House of Commons
and House of Lords)
 Separation of Powers
• Separation of powers is….

1. The separation of personnel and functions

of government

2. Bodies providing ‘checks and balances’

on the power of other bodies
 Debates
• Twenty minutes to prepare in your groups
• Five minutes for each group to present (up
to you how you present)
• Time for each group to respond
• Other two groups vote whether to approve
the motion or not
 Debate Motions

Motion 1: Scotland should become an

independent country

Motion 2: The judiciary should be

representative of society.
 Scottish Independence
• Historically a separate country
• Crowns were united in 1603 (James I) and
Parliaments in 1706 (Treaty of Union)
• Devolution occurred in 1998 (74.3% voted for it)
• Scottish parliament can make law on a wide range
of subjects (e.g. education, the environment, health
and housing)
• There are still numerous reserved matters (e.g.
benefits, immigration, defence, foreign policy) that
only the UK can legislate on
• SNP gained a majority in the Scottish Parliament in
2011 giving them a mandate to hold an
independence referendum on 18 September 2014.
 Scottish Independence 2
The main issues include:
•What currency an independent Scotland
would use (pound, euro or something else)
•The impact on business
•Membership of the EU (whether Scotland
would be automatically able to join or not)
•The economy
 Judicial Diversity
• Old Boy’s Network
• Appointments made upon ‘merit’ and encourage
diversity (ss63-64)
• 22.6% female and 4.2% BME (Judiciary.gov.uk)
• Supreme Court  1 female judge and 0 BME
• ‘Trickle Up’ – Lord Sumption
• Positive Discrimination – Baroness Hale
• Equality of Opportunity
 Judicial Diversity 2
Reasons for:
• Different perspectives
• Think/Reason differently
• Act as role models
• Reflect demographics of society
• BUT if impartial does it matter?
• How far do we go to achieve diversity?
 Debates
• Fifteen minutes to prepare in your groups
• Five minutes for each group to present (up
to you how you present)
• Time for each group to respond
• Other two groups vote whether to approve
the motion or not
 Motions

Motion 1: Scotland should become an

independent country

Motion 2: The judiciary should be

representative of society.
 Summary
• Constitutions – executive/legislative/judiciary
• Scottish independence
• Judicial diversity

• How to read legal documents

• Debates