1.1 - The Nature and Sources of the UK Constitution Flashcards

1
Q

Development of the Constitution - The Magna Carta - When and what?

A
  • 1215
  • Established the rule of law and that the monarch should operate within this framework of the law
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2
Q

Development of the Constitution - The Bill of Rights - When and what?

A
  • 1689
  • Declared P to be a sovereign body and that it would have the final word on legislation and gov finances
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3
Q

Development of the Constitution - The Act of Settlement - When and what?

A
  • 1701
  • Established the legal rules governing the succession to the throne and established the monarch’s position as the ruler of the whole of the UK
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4
Q

Development of the Constitution - Parliament Act 1 - When and what?

A
  • 1911
  • Devalued the power of the HoL - removed its powers to regulate public finances and could only delay legislation for two years - it could also no longer indefinitely veto proposed legislation
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5
Q

Development of the Constitution - Parliament Act 2 - When and what?

A
  • 1949
  • Reduced the Lords’ period of delay from two years to one year
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6
Q

Development of the Constitution - The European Communities Act - When and what?

A
  • 1972
  • The Act that originally brought the UK into the European Community, what would later become the EU
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7
Q

Development of the Constitution - The European Notification of Withdrawal Act - When and what?

A
  • 2017
  • The Act that gave P consent to the UK’s leaving the EU
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8
Q

What are the five aspects of the nature of the UK constitution?

A
  • Unentrenched
  • Uncodified
  • Unitary
  • Parliamentary sovereignty
  • The rule of law
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9
Q

Nature of the UK constitution - Unentrenched

A

An unentrenched constitution has no special procedure for amendment

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10
Q

Nature of the UK constitution - Uncodified

A

An uncodified constitution is not contained in a single written document - instead the constitution has evolved and is made up of a number of different sources

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11
Q

Nature of the UK constitution - Unitary

A

A unitary political system is one where political power lies firmly in one place - EG UK Parliament

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12
Q

Nature of the UK constitution - Parliamentary sovereignty

A

The principle that P can make, unmake, or amend any law - it cannot bind its successors nor be bound by its predecessors

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13
Q

Nature of the UK constitution - The rule of law

A

The principle that all people and bodies, including gov, must follow the law and can be held accountable if they do not

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14
Q

What are the five main sources of the UK constitution?

A
  • Statute law
  • Common law
  • Conventions
  • Authoritative works
  • Treaties
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15
Q

Five main sources of the UK constitution - What is statute law?

A

Laws passed by Parliament - EG Nationalities and Borders Act 2022

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16
Q

Five main sources of the UK constitution - What is common law?

A

The development of laws through historical useage and traditions - EG the offence of murder being treated as a crime

17
Q

Five main sources of the UK constitution - What are conventions?

A

Unwritten rules that are considered binding on all members of the political community - EG PM exercising monarch’s powers to appoint and dismiss ministers

18
Q

Five main sources of the UK constitution - What are authoritative works?

A

A work written by an expert describing how a political system is run - it is not legally binding but is taken as a significant guide - EG A V Dicey introducing Parliamentary sovereignty

19
Q

Five main sources of the UK constitution - What are treaties?

A

Formal agreements with other countries, usually ratified by Parliament - EG ECHR