1.1 NATURE AND SOURCES OF THE CONSTITUTION Flashcards

• an overview of the development of the Constitution through key historical documents: o Magna Carta (1215); Bill of Rights (1689); Act of Settlement (1701); Acts of Union (1707); Parliament Acts (1911 and 1949) • the nature of the UK Constitution: unentrenched, uncodified and unitary, and the ‘twin pillars’ of parliamentary sovereignty and the rule of law • the five main sources of the UK Constitution: statute law; common law; conventions; authoritative works, and treaties.

1
Q

define constitution

A

A set of rules determining where sovereignty lies in a political
system, and establishing the relationship between the government
and the governed.

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2
Q

define unentrenched

A

A constitution with no special procedure for amendment.

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3
Q

define uncodified

A

A constitution not contained in a single written document.

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4
Q

define unitary

A

A political system where all legal sovereignty is contained in a single
place.

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5
Q

define parliamentary sovereignty

A

The principle that Parliament can make, amend or unmake any law,
and cannot bind its successors or be bound by its predecessors.

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6
Q

define the rule of law

A

The principle that all people and bodies, including government, must
follow the law and can be held to account if they do not.

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7
Q

define statute law

A

Laws passed by Parliament.

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8
Q

define common law

A

Laws made by judges where the law does not cover the issue or is
unclear.

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9
Q

define conventions

A

Traditions not contained in law but influential in the operation of a
political system.

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10
Q

define authoritative works

A

Works written by experts describing how a political system is run,
they are not legally binding but are taken as significant guides.

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11
Q

define treaties

A

Formal agreements with other countries, usually ratified by
Parliament.

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12
Q

in terms of unitary power, ultimately who grants authority, who is the central authority?

A

Parliament in Westminister (everything stems from here)

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13
Q

what is the overview of the development of the constitution and the keys dates accompanying them?

A
  1. Magna Carta (1215)
  2. Bill of Rights (1689)
  3. Act of Settlement (1701)
  4. Acts of Union (1707)
  5. Parliament Acts (1911 and 1949)
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14
Q

the nature of the UK Constitution:

A
  1. unentrenched
  2. uncodified
  3. unitary
  4. the ‘twin pillars’ of parliamentary sovereignty and the rule of law
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15
Q

what are the five main sources of the constitution?

A
  1. statute law
  2. common law;
  3. conventions
  4. authoritative works
  5. treaties.
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16
Q

give me three words to describe the uk constitution

A

uncodified, unitary and unentrenched

17
Q
A