Beginning Constitutional Law

Nick Howard

• Publisher: Routledge
• Year: 2016
• eBook ISBN: 9781317280682
• Edition: 2
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Whether you're new to higher education, coming to legal study for the first time or just wondering what Constitutional Law is all about, Beginning Constitutional Law is the ideal introduction to help you hit the ground running. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary avaliable on the companion website, Nick Howard breaks the subject of constitutional law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained, and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.

This second edition has been updated to keep up to date with developments both before and after the 2015 General Election as well as ongoing proposals for reform, including:

• The referendum on independence for Scotland, increased devolved powers and the continued threat of the break-up of the Union.

• Proposals to repeal the Human Rights Act 1998 and replace it with a British Bill of Rights.

• The in/out referendum on EU membership.

• Reform of the role and composition of the House of Lords.

Beginning Constitutional Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Chapter 1

Introduction

WHAT IS CONSTITUTIONAL LAW?

Constitutional law is about power. It gives power to the people and institutions that make our laws, govern, police and judge us. It also sets limits to their power.

It is also about rights. The aim of this book is not just to help you to succeed in and enjoy your study of this dynamic subject, but to leave you with a better understanding of your own rights, whether as a citizen and voter, or a visitor to the United Kingdom.

Constitutional law is a fast-developing area and is constantly in the news. Issues such as the United Kingdom’s membership of the European Union, decisions to go to war or take military action, the distribution of power between the United Kingdom and the nations it comprises (see below) and the question of how best to balance individual human rights with the wider public interest all engage important questions of constitutional law, and are currently right at the top of the political agenda. This means that there is a lot of debate and discussion about them on television, in newspapers and online. By watching, reading about, listening to and participating in those debates, you can breathe life and relevance into your studies, and develop a deeper understanding of the topics covered in this book.

Key Definitions: United Kingdom (UK)

The UK is the United Kingdom of Great Britain (an island comprising the nations of England, Wales and Scotland) and Northern Ireland.

The UK is a State, i.e. a political organisation with an independent Government administering an area with internationally recognised borders.

The UK comprises four different nations. England and Wales have shared a common legal system for almost 500 years, and were united with Scotland by the Act of Union 1707. The history of Northern Ireland is complex, but in effect it became part of the UK in 1922, when the rest of Ireland formed an independent State.

The UK’s Parliament at Westminster (in London, England) is the ultimate law-maker for all four nations, but has recently given away (or ‘devolved’) some of its law-making power to institutions in Wales, Scotland and Northern Ireland. We will examine this further in Chapter 6.

THE AIMS OF THIS BOOK

Lawyers need to understand the constitution, because it sets out how laws are made, changed and repealed. In that sense, it underpins all the other areas of law that you will study on your course. For that reason, constitutional law (also known as ‘public law’) is a compulsory subject on most law courses.

This book is an introduction to UK constitutional law. It is primarily aimed at students beginning their legal studies, whether on an undergraduate LLB degree course, a postgraduate GDL course or a combined honours course with a law element. It may also be useful to history and politics students who want to know more about our constitution. It can be read before, during and after your studies as a complement to the material delivered by your course tutor in lectures and seminars, and the more detailed texts to which they will refer you.

The book is also intended to be a useful revision aid. We will look at how you can use the material covered in each chapter to develop your understanding of the UK’s constitution, and write better answers to coursework and examinations. Chapter 11 contains specific guidance on how you can draw together the topics in earlier chapters to write persuasive essays on some key contemporary issues, which are likely to crop up in examinations!

This book is more, however, than just a set of pass-notes. It is intended to interest you in the constitution and to empower you by making you more aware of your own rights, and how you can assert and enforce them. There is something of a double-whammy going on here – if you enjoy studying something and you can see its relevance, you are more likely to succeed at it!

STUDYING CONSTITUTIONAL LAW

The UK’s constitution is a fascinating and fast-moving area of law – the last 20 years have seen a surge of constitutional reform. Issues such as the future of the electoral system, the accountability of Government Ministers, the sharing of power between the nations which together make up the UK and the balance struck between individual civil liberties and the wider public interest continue to generate debate among politicians, the media and the general public.

So it is surprising that little time is devoted to these issues in schools. While most students beginning a law degree have some understanding of how criminal law works and of the basic rules of contract, relatively few understand important constitutional matters such as the difference between Parliament and Government, how elections are decided and the status of their own fundamental human rights. This is not their fault – it’s simply that no-one has yet explained it to them.

This book assumes no prior knowledge of the UK’s constitution. It starts from the beginning, explaining what a constitution is and why States have them. It explains how and why the UK’s constitution is unique, and explores the key legal principles and political dynamics underpinning the relationship between Parliament, the Government and the courts. It does so in plain English, using practical examples and illustrations, and contemporary examples to illuminate the key topics. You can check on your progress through short ‘pop quiz’ tests and more detailed assessment-style questions and answers on the companion website.

Beyond the book and website, it is important that, in addition to reading the material to which you are directed by your tutor, you keep up to date with the news. This does not mean that you have to turn into a recluse who just studies law and reads the newspaper from cover to cover each day! But in this subject, perhaps more than any other, the law is inseparable from the politics behind it. If you can at least keep up to date with the daily news headlines, whether via the TV, the internet, the radio or a newspaper, you will have a deeper understanding of the topics your lecturer is covering and you will ultimately find your studies more satisfying (as well as writing better, more informed essays!).

Throughout the book, you will find signposts at the end of each chapter to clear, accessible resources (many of which are freely available on the internet) which can help you to keep up to date. Chapter 11 also contains more detailed suggestions of resources which will add value to your answers to exam and coursework questions on specific topics.

While this book therefore aims to provide clear and concise guidance, to help you both to get started on your study of the constitution and to recap (both as you go along and at the end of your course) on key topics, it is not a substitute for attending classes. It is vital if you want to do well – and to enjoy your study of the law – that you go to your lectures and seminars, and that you prepare thoroughly for them. Not only will you get the benefit of your tutor’s skill, knowledge and experience, but you will have the opportunity both to ask questions and to learn from your fellow students.

Most graduates, in later years, look back on University as a special time in their lives – make the most of it, give your best in class, get to know your colleagues and you will not only enjoy your studies, but you will form relationships and friendships which in many cases will last for a lifetime.

The flowchart shows how you can integrate this book with your studies. Constitutional law courses are usually structured topic-by-topic, with a lecture on each topic followed by a seminar for which you have to prepare. Examinations and coursework are often based on issues covered in seminars.

Try reading through the chapter on each topic before the relevant lecture – you will get more out of it and know what questions to ask. Then complete any directed reading given to you by your tutor and any other preparation you are asked to do for the seminar. Participate in the seminar as much as you can, and use the opportunity to seek clarification on any issues which you are finding difficult. Do not be frightened to ask! Other students are, more than likely, struggling with the same points, and your tutor will be only too happy to answer – we do actually like being asked questions!

After the seminar, re-read the chapter to consolidate your knowledge and understanding, then attempt the follow-up exercises on the companion website. Doing this now, rather than waiting until after the course ends, will help the key points to sink in and make your revision easier when it comes to the exam period – honestly!

Figure 1.1Route map to successful study

FINDING CONSTITUTIONAL LAW

As you will see in Chapter 3, the UK’s constitution is found in a variety of sources. While this book, and your tutor, will direct you to and summarise the key cases and legislation, as your studies progress, you will need to access these yourself. In particular, any cou...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of contents
• Table of cases
• Table of legislation
• Preface
• Guide to the Companion Website
• Chapter 1 Introduction
• Chapter 2 Does the UK have a constitution?
• Chapter 3 Sources of UK constitutional law
• Chapter 4 Analysing the UK constitution
• Chapter 5 Parliament’s functions and make-up
• Chapter 6 Parliamentary sovereignty
• Chapter 7 Government’s relationship with Parliament
• Chapter 8 Government and the courts
• Chapter 9 Human Rights Act 1998 and the European Convention on Human Rights
• Chapter 10 Police powers and public order
• Chapter 11 Preparing for your examination
• Index