1 - Uk Constitution Flashcards
What are the functions of the legislature?
Creates, modifies, repeals or amends law
What is parliament?
Law making authority consisting of the HOL, HOC and The Monarch’s royal assent
What is the difference between bicameral and unicameral?
One v two chamber system
What is the main function of the executive?
Implement the law
What is the main function of the judiciary?
Enforce and interpret law to adjudicate disputes between individuals and the state and individuals
What is a constitution?
The rules, from one source or more, which govern the state
What are three purposes of a constitution?
- Ensure allocation of powers
- Ensure citizens are governed in accordance with democratic principles
- Ensure those who govern have legitimacy
Three main ideas behind constitutionalism?
- Limitation of power
- Accountable government
- Separation of powers
6 characteristics of a constitution according to Sir Kenneth Wheare
- Codified/ uncodified
- Entrenched/ flexible
- Supreme/ subordinate
- Unitary/ federal
- Separated/ fused powers
- Monarchal/ republican
What does entrenched mean?
Laws can only be amended through rigid procedure I.e USA
What is the difference between subordinate and supreme?
Legislative powers of sovereign body are unlimited, subordinate means legislative powers are limited by higher law
4 functions of the HOC
Legislation, scrutiny of executive, control of finance and redress of grievances
What did the HOL act 1992 do?
Sought to remove hereditary peers, decreased the size to 92
What did the parliament act 1911 do?
Removed power of HOL to reject money bills, abolished their power to veto public bills and replaced it with delaying power of 2 years and no bills could be passed to extend parliaments 5 year term
7 stages to pass a bill
First reading second reading committee stage report stage third reading HOL royal assent
What is primary legislation
Green paper bills which propose general changes and white paper bills are specific and propose formal changes
What is secondary legislation
Broad framework then delegated to other bodies to carry out and the courts can review their basilica
What are the 4 legal sources of the UK constitution
Royal prerogative
Legislation
Judicial precedent
EU law
What was the Entick v Carrington case 1765
Established that action by the executive which interferes with civil liberties must have a legal basis
What are the 4 sources of EU law
Treaties - foundation of all EU law
Directives - lay down objectives which are left to individual states to achieve it
Regulations - don’t need to go through national implementation
Case law - binding on the UK
Constitutional conventions are also sources of UK constitution, name some examples
Royal assent not to be denied
HOL cannot introduce financial bills
Parliamentary committees reflect party strength in HOC
PM chooses cabinet
What are constitutional conventions
Descriptive rules of behaviour that are not binding in law - dicey
What is the nature of conventions?
Develop in an revolutionary way, no source, informal rules of political practice and regulate the houses
What is collective ministerial responsibility
All ministers must accept cabinet decisions and support them publicly and vote for them. If not then they must resign. confidence, unanimity and confidentiality
What is individual ministerial responsibility
The minister for the department must accept responsibility and resign over errors in their departments
