Purpose: Review and connect topics studied over the course, rather than introducing new material.
Key Question: What is the true nature of the UK constitution?
Is it flexible or durable?
Key Concepts
Flexible Constitution
Characteristics:
Easy to change.
Seen as a 'blank canvas' for politicians.
Highly responsive to political views and changes.
Durable Constitution
Characteristics:
Harder to change.
Has innate content that cannot be easily altered.
More resistant to political changes and pressures.
Analysis of UK Constitution
Flexibility: Changes are often reactionary and lack strategic direction.
Examples: Human Rights Act, devolution, changes in judicial review.
Durability: Presence of innate content and principles.
External and Internal Drivers
Legislation: Seen as an external driver of change.
Constitutional Limits: Question of whether the constitution sets parameters on legislative actions.
Lord Neuberger's View
Claims the UK doesn't have a constitution as seen in other European countries.
Constitution is pragmatic and parliamentary sovereignty is paramount.
Expectations of a Constitution
Lays down basic ground rules.
Allocates and limits state power.
Upholds basic values like democracy.
Protects fundamental human rights.
Key Principles of the Course
Sovereignty of Parliament
Rule of Law
Separation of Powers
Relationship of Principles
Does sovereignty trump other principles?
Is the constitution more than just legislative parts?
Hierarchical vs. Flat Constitution
Hierarchical: Some laws take precedence over others (e.g., constitutional statutes).
Flat: Constitutional law is not separate from regular law.
Summary of Views
Flexible View: Constitution is the sum of its parts; sovereignty trumps all.
Durable View: Constitution has inherent content and complexity among principles.
Future Lectures
Will cover topics like judicial review, ouster clauses, devolution, human rights, and EU membership to determine the balance between flexibility and durability.