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• an overview of the development of the Constitution through key historical documents: o Magna Carta (1215); Bill of Rights (1689); Act of Settlement (1701); Acts of Union (1707); Parliament Acts (1911 and 1949) • the nature of the UK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.
define constitution
A set of rules determining where sovereignty lies in a political
system, and establishing the relationship between the government
and the governed.
define unentrenched
A constitution with no special procedure for amendment.
define uncodified
A constitution not contained in a single written document.
define unitary
A political system where all legal sovereignty is contained in a single
place.
define parliamentary sovereignty
The principle that Parliament can make, amend or unmake any law,
and cannot bind its successors or be bound by its predecessors.
define the rule of law
The principle that all people and bodies, including government, must
follow the law and can be held to account if they do not.
define statute law
Laws passed by Parliament.
define common law
Laws made by judges where the law does not cover the issue or is
unclear.
define conventions
Traditions not contained in law but influential in the operation of a
political system.
define authoritative works
Works written by experts describing how a political system is run,
they are not legally binding but are taken as significant guides.
define treaties
Formal agreements with other countries, usually ratified by
Parliament.
in terms of unitary power, ultimately who grants authority, who is the central authority?
Parliament in Westminister (everything stems from here)
what is the overview of the development of the constitution and the keys dates accompanying them?
- 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
- unitary
- the ‘twin pillars’ of parliamentary sovereignty and the rule of law
what are the five main sources of the constitution?
- statute law
- common law;
- conventions
- authoritative works
- treaties.