Rigid Constitutions Case Study

Ireland and America - Rigid Constitutions 

Amendment to the Irish Constitution requires a referendum to be held to determine popular support or rejection for any constitutional change put forward by the Oireachtas (Irish Parliament). Examples of amendments which were made using such a procedure include two in connection with Ireland's membership of the European Union in 1972 and 1982.

The American Constitution can be amended in two ways. The first requires 2/3rds of the votes of the members of both the Houses of Congress to approve a change, and then it is set to the state legislatures or ratification conventions is organised at state level. A proposal needs the support of 3/4s of the states in order to be incorporated into the Constitution. The second method enables the states rather than Congress to initiate the process of reform - this method has never been used. 

Generally, amendments are most easily secured to flexible constitutions. When the amending process is lengthy and drawn out, changes become more difficult. There have only been 26 amendments made to the American Constitution since 1789. Well supported changes (e.g. the Equal Rights Amendment in the 1970s) failed to secure sufficient support to be incorporated into the document. One potential danger with rigid constitutions is that they fail to keep abreast social changes. 

The Founding Fathers of America saw that the Constitution of America was so well suited that the amendment process should be difficult. In the UK, a law can be repealed at any moment by any government - a very flexible method of change, making quite dangerous in a opposite way e.g. the Dangerous Dogs Act was quickly implemented and was rushed, meaning that there a loopholes in the law, Evidently, at least in the UK if a law is implemented that goes against the thoughts of the political party (if the Conservatives ever repealed the Hunting ban) they can do so easily. 

In Ireland, the focus of the relationship between the government and the Catholic church stresses the rigidity of their constitution further. The laws surrounding abortion make it extremely hard for women to have an abortion and with the amendment process against them too, it means that it is a hard situation for them to gain more control over their bodies. 

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The Rule of Law in America

The Rule of Law in America

Rule of Law - a fundamental constitutional principle in liberal democracies, asserting the supremacy of the law as an instrument that governs both the actions of individual citizens in their relationships with each other and also controls the conduct of he state towards them. 

USA

• The freedom of citizens from arbitrary actions undertaken by government is incorporated into the Constitution
• The procedure and practices which must be followed when citizens are accused of criminal actions are lade down in this document, most notably in the 5th and 14th amendments. 
• The requirements that no citizen shall be deprived from "life, liberty or property" without "due process of law" is imposed as a condition affecting the operations of both federal and state governments
• The 5th amendment also provides the citizen with further protection in their dealings with government 
• No person may be tried twice for the same offence or be compelled to five self-incriminatory evidence in a criminal trial

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Political Culture

What is politic culture and why is it of relevance to the study of politics?

When identifying a common liberal democracies, there are common features that need to be seen, such as institutions like a chief executive, legislatures and courts, organisations such as political parties and pressure groups, processes such as elections and the possession by individual citizens of a range of personal freedoms. 

It is important to note that these common features differ from each country and each democracy - their composition, conduct, powers, relationships and operations are never the same. Within a common framework, the workings of the political system in each liberal democracy are subject to wide variation -

E.g. in France: there is a wide degree of tolerance for conflict as a means of settling political dispute. However, in Sweden, the spirit of compromise tends to guide the actions of key participants to the political process. In the UK there is a tradition of evolutionary rather than revolutionary change. 

These examples show that such variations rise from what we term "political culture." This refers to an underlying act of values held by most people living in a particular country concerning political behaviour, e.g. the degree of trust which citizens have in their political leaders. 

When referring to a country's political culture we are emphasising the similarity in views held within any particular country, suggesting that within any one country, there is a tendency for the majority of people to think, feel and act in a similar manner concerning to conduct of political affairs. 

However, the extent of a common political culture can, however, be overstated. Within any country differences are likely to exist concerning fundamental values related to political behaviour. The term "homogeneity" denotes a wide level of similarity in these attitudes but universal agreement is not accorded to them. For example, factors such as de-industrialisation or immigration can cause difference in opinion within a community, a country or a continent, meaning that it is almost improbable to gain universal agreement on the subjects. In this case, heterogeneous societies may arise (where dominant attitudes are challenged by sub-cultural values) or result in a looser attachment to mainstream values by some sections of society. 

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Historic Identity of Liberalism

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Natural Rights

Post settings

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Liberalism Core Concept Diagram

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John Locke's Social Contract

What was John Locke's "Social Contract?"

STATE OF NATURE

Many people are unwilling to respect the rights of others in a state of nature - pre-political society before the setting up of a state characterised by unrestrained individual freedom

ACTIONS OF RATIONAL INDIVIDUALS

An individual can become subjected to the political will of another by obligating to submit to the determination of the majority and to be controlled by it

NATURE AND BASIS OF SOCIAL CONTRACT

The government agrees to govern by national law and respect individual rights, while people agree to accept the authority of government and obey its law

Limit of Social Contract

Should the government not govern by national law, or it should abuse natural rights of life, and property, the people have the right to cancel the contract and dissolve the government

Example:

Can be seen in the liberal representative democracy in the US - this is where all individuals would sacrifice a bit of their liberty to create a system of law and to protect their liberty, enshrined in the codified constitution.

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"Five things learnt from the Liberal Democrat Conference" - Article Analysis

Analyse on Stuart Thomson's Article:
http://www.huffingtonpost.co.uk/stuart-thomson/lib-dem-conference-five-things-we-learned-_b_5951828.html?utm_hp_ref=uk-politics

 

1. Achievements

Nick Clegg used the Conference as an opportunity to show what the party had achieved whilst being in coalition with the Conservatives since 2010. This could be seen as Clegg reassuring the electorate that the Lib Dems have not fallen short of convergent politics by displaying what they have done differently to the Conservatives. One clear example of the Lib Dems standing out from the Tories was the subject of free school meals - Clegg incorporated the beliefs of social welfare and equality of opportunity seen in modern Liberalism and this caused criticism from both the back-bench Blues and the Conservatives in Cabinet. However, it is somewhat hard to distinguish the standing of the Lib Dems when it comes to the cutting of essential welfare, for example child benefit and the doomed topic of bedroom tax. Lib Dems may have helped families in one way, but the cutting of child benefit did not co-inside with modern liberal thinking.

2. Equidistance

Thomson suggests that the Lib Dems want to keep their distance from the Conservatives and aim to be nearer to the Labour Party if another coalition is needed in 2015. "But even the banner on the podium lectern was pointing to the left" suggests that the Lib Dems are wanting to reflect some of the policies Labour would favour, this potentially being a great weapon against the right - who are in constant conflict (UKIP v Tories). Liberal ideas on economics can easily work alongside those of Labours, due to the post-Blair consensus on Neo-liberal thinking.

3. Discontent

Many members of the Liberal Democrats have publicly talked of their discontent of the party whilst it has been in coalition, especially towards the policies of the poor. This highlights how the Liberal Democrats can be seen as a "nowhere" party due to the fact that it has had to compromise and agree with the Tories for such a long time that the members of the party no longer know what the party stands on. Convergent politics has led the party to become confusing for its members and that of the electorate.

4. The Party is not Dead

Nick Clegg wanted to show that they would be fighting strong amid the 2015 General Election. Thomson states that "this could become increasingly important if the competition to be a Coalition partner becomes more intense." The party needs to fight back its seats, especially in places such as Yorkshire, where they only hold 3 seats.

5. Tax, Spend and be Merry

Clegg reminded the nation that the tax cuts were "for the many" and did not co-inside with the political agenda of the Lib Dems.

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Lib Dem Autumn Conference 2014 - How do Nick Clegg's promises on Mental Health reform relate to Liberalism?

How does Nick Clegg's announcement on new measurements on the treatment of Mental Health fit in with the ideology of Liberalism?

Nick Clegg on Wednesday 8/10/14 announced that suicidal patients will be given the same priority as heart attack victims as part of an effort to increase resources for those with mental health problems.

How does this fit in with liberal ideas?

• T.H Green and L.T Hobhouse - they accepted that classical liberal belief in the importance of the individual but argued that we are not merely driven to pursue our own interests. Individual human nature is not as narrowly self interested, but as socially responsible, capable of altruism for fellow human beings and the capacity of each individual to achieve their potential
• Clegg's modern ideas relate back to the Beveridge Report - liberal theory of individualism was changed by modern liberals from a doctrine of individual greed to a philosophy of individual self development. Developmental individualism used to construct arguments in favour of social welfare (HELP WITH MENTAL HEALTH PROBLEMS) and promote equality of opportunity (PEOPLE TREATED WILL THEN HAVE THE ABILITY TO ACHIEVE THEY GOALS).

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