1 Constitution Flashcards
development of the constitution overview
- Magna Carta (1215)
- Bill of Rights (1689)
- Act of Settlement (1701)
- Acts of Union (1707)
- Parliament Acts (1911 and 1949)
what is a constitution?
set of political principles by which a state or organisation in governed, especially in relation to the rights of the people it governs
what are the three things the constitution seeks to?
- establish duties, powers and limits and functions on government
- regulate relationships bet institutions
- define the relationship between the state and individual
what are the five pillars underpinning the uk con?
that define the nature of the con:
- Parliamentary Sovereignty
- uncodified
- unitary
- entrenched
- rule of law
twin pillars
Writing in 1885
- the constitutional theorist A. V. Dicey identified two key principles, which he considered the twin pillars of the UK constitution = parliamentary sovereignty and the rule of law.
constitutional monarchy
although the monarch lost its absoluete power long ago it still remains con sig body in uk
- according to bagehot, the ‘dignified; institutuons still play a vital role, spec to serve as a symbol of pol unity above pol parties.
according to bagehot the monarch has the right to what?
- to be informed
- to be consulted
- to warn
- to encourage
the rule of law
the principle that law should ‘rule’ in the sense that it applies to all conduct or behaviour and covers both priv cits and pub officials (the gov is still subject to legal checks and constraints)
parliamentary government
parliamentary gov exists when there is a fusion of legislative and executive branches w the leader of the largest party becoming pm
what are the three main ways constitutions classified?
- codifed or uncodified constitutions
- as unitary or federal constitutions
- as entrenched or unentrenched constitutions
codified constitutions
a con in which key constituonal provisions are collected together within a single legal document
three key features of a codified constitution
JEA
1. doc is authoritative. it constitues higher law - the highest law of the land = gives rise to a two tier legal system, which the con stands above statute law made by legislature
2. provisions of the con are entrenched. difficult to amend or abolish. procedure for making and changing the con is more complex or difficult for making ordinary laws
3. its judiciable. all pol boides are subject to the authority of the courts and in partic a constitutional court
judiciable
capable of being decided by legal principles or by a court of justice
entrenched
smh that is firmly established and difficult ot unlikely to change
undcodified constitution
a con that is made up or rules that are found in a variety of sources in the absence of a single legal document
parliamentary sovereignty
parl is the supreme legal authority in the uk and can create, amend any law which cannot be overruled by the courts
- a form of legal sovereignty = most important principle in uk con
two key features of parliamentary sovereignty?
- Legislation passed by Parliament cannot be struck down by any higher authority, such as the courts. The Supreme Court of the UK can only interpret legislation, not declare it unconstitutional
- No Parliament has the power to bind its successors, meaning the current Parliament has the right to amend or repeal any legislation passed by previous Parliaments.
three defining features of uncodified constitutions
- con is not authoritative. con laws enhot the same status as ordinary laws. states w uncodified cons have a single tier legal systems w no higher law
- not entrenched. con can be changed by passing a statute law. reflected in uk of parl sov through which parl can make and amend any law it wishes inc laws that effect the con
- uncodified cons are not judiciable,. in absence od higher law
what does a unitary constitution underpin?
establish the con supremacy of central gov over local bodies.
- do this by entrusting sovereignty in the national legislatue = it can create or abolish, strengthen or weaken all other institutions.
- this is parl in the uk.
- devolved assesmblies and local authorities do not enjoy a share of sovereignty
federal meaning
constituting a form of gov in which power is distributed between a central authority and a number of constituent territorial units
what does a federal constitution underpin?
divide powers between two levels of gov
- both central gov and regional gov passes a range of powers that the other cannot encroach on
- many argue that dev has deepened, the uk’s con has aquired a quasi-federal character
quasi federal
a division of powers between central and regional gov that has some feature of federalism wo processing a federal structure
unitary constitution
a con that concentrates sovereign power in a single body
federal constitution
a con that is based on the principle of shared sovereignty in that there are two relatively autonomous levels of gov: national and regional
which type of con is inflexible and rigid and why?
codified cons bc their provisions in some way are entrenched in higher law
which type of con is flexible and adaptable and why?
uncodified cons bc of the con sig can be chnaged through ordinary legislative proc
how can you describe the uk con?
uncodified, unitary and unentrenched
how is the uk con best though of as?
part written and uncodified con relfects no single authoritative con dcoc. most of the rules of con are written down and many have legal status.
- the rules and principles of the con can be found in a variety of places
what are the five sources of the uk con?
statute law; common law; conventions; authoritative works, and
treaties.
statute law
laws that have been decided and approved by parl
how is statute law made?
made by parl
how are statute laws passed?
these laws are passed in exactly the same way as any other piece of legislation and do not look any different to other laws once they have been passed by Parliament.
are all statue laws of constitutional significance?
not all are! only ones that affect the powers and responsibilties of gov or the rights and freedoms of citizens.
how important is statute law?
the single most importnat source of the con
what does parliamentary sovereignty imply with regards to statute law?
statutes outrank all other sources od con
- if a statute conflicts w a convention or common law - the statue will always prevail
what are some important statute laws?
- scot act 1998 and gov of wales act 1998
- human rights act 1998
- hol 1999
- con reform act 2005
Magna Carta (1215)
the Greater Charter of Freedoms imposed by rebellipus barons on King John of England. the first systematic attempt was made to distinguish between monarchy and tyranny, based on the requirement that the king should rule justly and in accordance
common law
a legal system in england that has developed over time from old customs and court decisions rather than laws made by politicians