Катя 9. What characteristics of the uk constitution did Dicey formulate and how were they further supplemented?

Dicey regarded the primary characteristics of the UK Constitution as (i) the rule of law; (ii) parliamentary supremacy; (iii) the distinction between conventions and law.

From the lawyers’ perspective Dicey’s three characteristics must be supplemented by other important characteristics of the constitution:

• A monarchy

• The legislative supremacy of Parliament

• A ‘bicameral’ (two-chamber) Parliament

• An elected Lower House

• No strict separation of powers, but an independent judiciary

• A highly centralized executive dependent mainly on statutory powers, but with significant common law or prerogative powers

Катя 10. What is the role of the so-called “establishment” in the uk constitution?

Informal networks of personal relationships both inside and outside government – the so-called ‘establishment’. These ‘networks’ of important individuals and groups are based on schools, universities and business and financial organizations. They include civil servants, judges, political parties and the holders of key positions in the media and business worlds. On this view the operation of the British constitution depends upon the relationship between the elected government and the ‘networks’, and involves an ‘inner constitution’ based upon shared values and patronage. It is also argued that British parliamentary democracy is devised to benefit the large groups and institutions that support the main political parties.

Катя 11. What is “constitutionalism” and what is the fundamental problem of it?

‘Constitutionalism’- the idea that governmental power should be limited by law, and that there is a sphere of freedom which is not the business of the law.

The fundamental problem with ‘constitutionalism’ is that laws are made and enforced by governments, so how can government under law be anything more than a hope that the rulers will be benevolent?

Маша 12. What are the three ways how all constitutions grapple with the fundamental problem of “constitutionalism”? (Unit 2, text 4)

• creating substantive principles of justice and individual rights policed by courts that are independent of the government

• separation of powers: structural limits upon powers (division of function, between central and local powers, between elected and appointed officials)

• procedural restraints: disputes are settled by independent bodies according to fair public and open procedures

Маша 13. How do the UK and the USA constitutions grapple with the fundamental problem of “constitutionalism”?

The USA embodies all three ways.

The UK Constitution relies on structural and procedural restraints but in an unsystematic way. Rule of law. Problems with separation of powers because of parliamentary government.

Маша 14. What does the importance of Magna Charta consist of?

It is sometimes regarded as equivalent to a written constitution. But it is ordinary legislation dealing mainly with specific grievances between the king and the feudal claims of the king’s tenants-in-chief (it was a treaty between them).

Magna Carta is a symbol. It established the subservience of the king to law. Magna Charta signified the contrast between tyrannical government and representative government limited by the law.

It symbolizes equality. ‘Justice’ will be sold to ‘no one’. All persons, rich and poor, must be treated the same under the law.