Constitutions

Before I begin on Constitutions, I should mention that the exam for the W102 was everything I hoped for. As the first sit-down exam I had for the Q79 LLB, I have to say that the course study does prepare you for the exam, and the TMAs are especially helpful when you add the tutors’ advice and really take on board what they are saying. I’m thinking I passed.

Constitutions

I label this in the plural, because although the UK constitution is the subject of interest, it certainly is only one type of a constitution and there are others that I’ve compared it to. I may well be mentioning some of the comparisons so that readers can get an idea of differences and similarities along the way.

The next Unit of the W101 module is the UK Constitution.

Learning outcomes

After studying this unit you should be able to:

• explain the concept of a constitution
• explain key constitutional principles
• explain the different elements of a constitutional framework
• discuss the different elements of the UK’s constitution
• discuss the evolution of the UK’s constitution

[The Open University, 2014]

Obviously, as with all things legal, we must define what is a constitution. At this point before reading on, you should, on your own, try to think of what is a constitution, what characteristics it has that makes it a constitution and come up with your own definition. You can even try creating a constitution for a club, for example.

I will point out that constitutions are legally binding, and may be used by an organisation eg a cricket club or union or political party. Or, a constitution can be used by a group eg the United States of America, or the European Union. Equally, the individual participants within the group may have separate constitutions, eg the Constitution of Virginia (USA) and Constitution of UK (EU).

"… at its most basic a constitution is seen as having the following elements:

• rules about the structure and power of government of a state
• rules about the basic rights and freedoms of the citizens of that state."

[The Open University, 2014]

“The Encyclopaedia Britannica (2014) defines a constitution in the following terms:

Every government has an organizational structure that defines the specific responsibilities of its public officials. Some officials make the laws, others see to their enforcement. Taxes must be collected and revenues spent. There must be provision for preserving the domestic peace and providing for national defense [sic]. The fundamental written documents that state how governments shall operate and define their limitations are their constitutions.”

[The Open University, 2014]

Note the last sentence… ‘The fundamental written document…’

We will get back to the highlighted word a bit later on.

“set of the most important rules and common understandings in any given country that regulate the relations among that country’s governing institutions and also the relations between that country’s governing institutions and the people of that country.” [King, 2009, p3]

The above is by Anthony King, an academic author on the subject of the UK Constitution. Note that he reiterates the organisation (relations) among governmental institutions and also the relationship between those institutions and the people.

“The definitions discussed so far have considered the state, the government, and also the relationship between the state and individuals. In effect they have considered what a constitution is. Thomas Paine (1737–1809), an Anglo-American political activist during the American War of Independence, looked at the concept of a constitution from a rather different perspective:

A constitution is not the act of government, but of a people constituting a government, and a government without a constitution is power without right … A constitution is a thing antecedent to a government; and a government is only the creature of a constitution.

(Paine cited in Barnett, 2013, p. 7)

This approach to defining a constitution provides a different perspective as it focuses on the source of a constitution, where it comes from. Paine’s view is that a constitution ultimately derives from the people acting through the government.”

[The Open University, 2014]

I will continue on constitutions…