1.1 Nature and Sources of UK constitution Flashcards
What is a constitution?
a set of rules, principles and laws which underpins a political system
4
What are the 5 main principles of the UK constitution?
- unentrenched
- uncodified
- unitary
- ‘twin pillars’ of parliamentary sovereignty and the rule of law
5
What are the 5 main sources of the UK constitution?
- statute law
- common law
- conventions
- authoritative works
- treaties
4
Describe an ‘unentrenched’ constitution
- not safeguarded against change
- can be amended by an individual govt or parliament (Act of Parliament) e.g. HRA 1998
- easier to change and more flexible
- most countries have entrenched constitutions
3
Describe a ‘unitary’ constitution
- Opposite of federal
- constitution where legal sovereignty in one location (Westminster)
- power can be delegated to subsidiary bodies - but this can be returned to sovereign body e.g. UKSC ruled that only UK Parliament could confirm EU withdrawal not devolved bodies (Gina Miller I 2017)
3
Describe a federal constitution
- constitution where legal sovereignty is divided between central and regional govts
- powers of regional bodies are protected by entrenched constitution
- division of powers reserved to regional bodies is ‘symmetrical’ - all have equal powers
3
Describe parliamentary sovereignty
- Parliament is supreme decision-making body in UK
- Any decision made elsewhere in UK can be overturned by passing, amending or repealing Act of Parliament
- No Parliament can bind successors
Describe 2 examples of Parliament being unable to bind successors
- New Lab devolved power to London after Thatcher govt abolished Greater London Council
- Dissolution and Calling of Parliament Act 2022 - scrapped Fixed-term Parliament Act 2011
4
Describe different types of sovereignty
- Legal sovereignty - formal power, which lies where laws are made
- Political sovereignty - body that holds most inlfuence over decision-making ‘in practice’ (public)
- Popular sovereignty (electorate) - outcomes of elections/referendums are ‘in practice’ binding on Parliament
- Devolved sovereignty - Parliament agrees for other institutions to take decisions (can be returned to UK Parliament)
3
Describe ‘rule of law’
- principle that equal justice should apply to all - fair trial and no institution/individual above law
- govt to follow law as laid down by Acts of Parliament
- independent judiciary
2
List examples of fusion of powers
- UK Parliament and Govt fused - govt members must be MPs/Lords
- ‘Law Lords’ convened in legislature
3
Describe changes to the codification of the UK constitution
- remains uncodified
- Found in fewer sources (e.g. withdrawal from EU removes important source)
- Increasing number of unwritten sources being written into statute law (e.g. HRA)
2
Describe changes to the unitary status of the UK constitution
- ‘quasi-federal’ due to devolution
- yet devolution asymmetric - so not federal
3
Describe changes to the entrenchment of the UK constitution
- Parts of UK constitution have become de facto semi-entrenched
- Govts informally entrench policies through referendums
- e.g. Scottish Parliament safe from abolition due to high vote in 1997 Scottish devolution ref (74% support) + Scotland Act 2016
1
Describe changes to the parliamentary sovereignty of the UK constitution
- increasingly come into clash with popular sovereignty by referendums e.g. Brexit