1.1 The development, nature and sources of the UK constitution Flashcards
What is a constitution?
A set of principles which may be written or unwritten, that established the distribution of power within a political system, relationships between political institutions, the limits of government jurisdiction, the rights of citizens and method of amending the constitution itself
A constitution comes in what two forms?
Codified
Uncodified
What is an uncodified constitution?
Not authoritative
- All law if the same; there are no ‘constitutional’ laws
Not entrenched
- Constitution can be changed through normal process of law
Not judiciable
- Judges do not have the power to declare laws as ‘unconstitutional
What is a codified constitution?
Authoritative
- Constitution is ‘higher law’ and the foundation of all politics
Entrenched
- It’s difficult to amend or abolish
Judiciable
- Judiciary can declare certain laws or actions as ‘unconstitutional’
What are some characteristics of an uncodified constitution?
- Flexible
- Fusion of powers
- Parliaments makes law
- Lack of clarity
- Executive dominance
- Rights are not entrenched
What are some characteristics of a codified constitution?
- Rigid
- Clear separation of powers
- Courts make law
- Clarity
- Limited government
- Entrenched rights
What is a unitary system?
- Sovereignty and political power reside on one location
- possible that some power may be distributed to regional and local government
- the central sovereign power can overrule the other bodies
Give two countries as examples which have a unitary system?
- UK
2. Norway
What is a federal system?
- Sovereignty is divided between central and regional bodies
- Such constitutions normally arise when a number of sovereign states agree to surrender some of their power to a central authority
Give two countries as examples which have a federal system
- USA
2. Germany
How is the UK different from other countries when it comes to the development of their constitution?
- The UK, unlike many countries, hasn’t undergone a fundamental change such as revolution or military invasion which often leads to the development of a new constitution
- The UK has evolved gradually since the English Civil Wars
The cumulative effect of the UK constitution has to be.. (give 4)
- Reduced powers of the monarchy; extended to those in Parliament
- Increase rights of ordinary citizens
- Increase the power of the elected House of Commons at the expense of the unelected House of Lords
- Draw together component parts of the UK
What 2 years were the Parliament Acts passed?
- 1911
2. 1949
What happened to the House of Lords has a result of the Parliament Acts?
Reduced power of House of Lords to interfere in House of Common’s agenda
What provoked the passing of the Parliament Acts?
Provoked by Lords rejecting radical tax-rising ‘People’s Budget’
What was established under the Parliament Acts?
- Affirmed that the Lords couldn’t delay money bills
- 1949 reduced two-year delaying power to one year
What year was the European Communities Act passed?
1972
What happened once the European Communities Act was passed?
Took Britain into the European Economic Community
What was established under the European Communities Act?
Established that EU laws would take precedence over the UK law