1.) The Nature and Sources of the British Constitution Flashcards
The UK constitution isn’t codified, what does this mean?
It’s not found on just one document
It is unitary constitution, what does that mean?
Most of the power lies with the central government in Westminster
What is an example of a federal (non-unitary) constitution?
The United States or Germany
Why do some political commentators say that the UK constitution is now “quasi-federal”?
Because the unitary power has been weakened by the creation of devolved governments in Scotland, Wales and NI
What is the provision that grants Parliament significant powers over the constitution?
Parliamentary sovereignty
The rule of law applies to the UK constitution, what is the rule of law?
Laws apply equally to everyone, including those who make them
What is it called if the Prime Minister or ministers act beyond the scope of their powers?
Ultra vires
Who referred to parliamentary sovereignty and the rule of law as “twin pillars” of the British constitution?
A.V Dicey
What’s a difference between the UK and US constitutions?
Parliament is sovereign in the UK, and can change any law including the UK constitution, the US constitution is sovereign in the US and Congress cannot infringe on it
What are the main sources of the UK constitution?
-Statute law
-Common law
-Royal prerogative
-Conventions
-Works of authority
-International agreements
What does statute law refer to?
Acts of Parliament
Name an example of a statute?
Representation of the People Act (1969) - lowered voting age from 21 to 18
Before January 2020, is it true that EU law superseded Parliament?
Yes - EU law overrode any UK law that clashed with it
What is common law?
Laws born out of legal precedents in court cases
What is an example of common law?
Murder - an uncodified offence
Is there a difference between statute law and constitutional statute law?
Yes - the former is any Act of Parliament, the latter is any Act of Parliament affecting the UK constitution
Name an example of constitutional statute law?
The Constitutional Reform Act (2005)
What did the Constitutional Reform Act (2005) do?
Created the UK Supreme Court
What is the royal prerogative?
The remaining powers invested in the UK monarchy
What is one power of the royal prerogative?
The ability to close (prorogue) Parliament
Name an example of Parliament being prorogued?
August 2019 - PM Johnson wanting Parliament prorogued by the Queen for longer than the usual 5 weeks
Why is it believed that PM Johnson want Parliament prorogued longer than normal?
To avoid criticism over his government’s Brexit dealings
What happened with the proroguing by PM Johnson?
It was granted, then declared unlawful by the Supreme Court (11-0) in September 2019
What is the Supreme Court’s ruling an example of?
The courts getting involved in politics
What is a convention?
An agreed upon practice observed repeatedly
Name an example of a convention?
The Monarch giving Royal Assent to any bills that have passed Parliament, regardless of personal feelings about them
When was the last time Royal Assent was refused?
1707 - Queen Anne refused to sign the Scottish Militia Bill
What are works of authority?
Books and articles which outline how Parliament works
What are viewed as the UK Parliament’s works of authority?
-The English Constitution (1867)
-Introduction to the Study of the Law of the Constitution (1885)
-Parliamentary Practice (1844)
-Cabinet Manual (2010)
Who wrote The English Constitution (1867)?
Walter Bagehot
What did Bagehot write in the book?
-The monarch is a figurehead
-The cabinet holds much of the real power
What did Bagehot describe the Cabinet as?
The “hyphen which joins, the buckle which fastens, the legislative part of the state to the executive part of the state…”
Who wrote “Introduction to the Study of the Law of the Constitution”?
A.V Dicey
What did Dicey’s book say?
-The monarch must assent to any law passed by Parliament,
-Advocated parliamentary sovereignty -Parliament can make or change any law
What was the phrase Dicey used to describe Parliament’s power?
An “absolutely sovereign legislature”
Who wrote “Parliamentary Practice”?
Erskine May
What is Erskine May’s book referred to as?
The “Bible of parliamentary procedure…”
What does Erskine May’s book include?
-The standing orders of each chamber (Commons/Lords)
-Key rulings by the speaker
-Historical precedence in Parliament
Who wrote “The Cabinet Manual”?
The Cabinet Office
Name three topics the Cabinet Manual covers?
-Cabinet composition
-Ministerial conduct
-Scrutiny of government by Parliament
Name an example of one of these works of authority has been used in Parliament?
March 2019 - Speaker John Bercow used “Parliamentary Practice” to cite a 1604 convention to stop PM May from bringing their Brexit deal forward for a third time in one session of Parliament
Are works of authority held to the same standard as laws?
NO - works of authority are important, but can be overruled by Parliament
