Учебный год 22-23 / u2t3

Romodanova Olga gr.202

Text 3

THE STRUCTURE OF THE UK CONSTITUTION

This text deals with the structure of the UK Constitution. The UK Constitution doesn’t have grand design to describe it. It combines the elements of monarchy, aristocracy and democracy, and the notion that the powers of government of whatever form should be limited by law runs through the constitutional history.

Wolfe-Phillips describes the UK Constitution as an ideal structure with a revered head of state insulated from politics, a government led by a prime minister with a parliamentary majority produced in a free and fair election by a mature electorate. According to Wolfe- Phillips, the monarch and the House of Lords are sources of stability, but he didn’t mention courts which provide ideas of fairness and justice.

Wolfe-Phillips himself seems doubtful whether this ideal represents reality. He regards elections as an ineffective mechanism and limited importance of the courts. Only the very poor (legally aided) or the relatively wealthy have access to the courts, and Parliament can readily undo the consequences of a judgment by passing a new law.

Elliot adopts a similar perspective. He describes the cabinet as a group of politicians who sink or swim together. He charged Parliament in lobbing for the government.

Another point of view is that 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. And this fact means that British parliamentary democracy is devised to benefit the large groups and institutions that support the main political parties.

A lawyer Dicey regards the primary characteristics of the UK Constitution as (i) the rule of law; (ii) parliamentary supremacy; (iii) the distinction between conventions and law. He thought that in political terms these led to the ultimate sovereignty of the people. From the lawyers' perspective Dicey's three characteristics must be supplemented by other important characteristics of the constitution, which are mentioned by Dicey.