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