2- Murphy- Constitution Flashcards
Define a constitution.
A constitution= a set of rules that seeks to..
- Establish the duties, powers and functions of the various institutions of government.
- Regulate the relationships between and among the institutions.
- Define the relationship between the state and the individual in terms of civil liberties.
Define a codified constitution.
A constitution in which key constitutional provisions are collected together within a single legal document.
Define an uncodified constitution.
A constitution that is made up rules found from a variety of different sources.
Define a unitary constitution.
A constitution that concentrates sovereign power in a single body of national government.
Define a federal constitution.
A constitution that is based on the principle of shared sovereignty in different levels of government.
What are the sources of the UK constitution?
- Statute Law
- Common Law
- Conventions
- Works of constitutional authority
- EU Laws and Treaties
What are the 5 principles of the UK constitution?
- Parliament Sovereignty
- The rule of law
- Parliamentary government
- Constitutional monarchy
- EU membership
Define sovereignty.
The principle of absolute and unlimited power.
Define parliamentary sovereignty.
The idea that parliament has absolute and unlimited legal authority reflected in its ability to make, amend or repeal laws. It is based on 4 conditions.
- Absence of a codified constitution.
- Supremacy of statute law over other forms of law.
- Absence of rival legislatures
- No parliament can bind its successors.
Define an elective dictatorship.
When the governments has such a strong majority in the House of Commons it can push through any law it likes because there are insufficient checks and balances.
Give 3 functions of a constitution.
- Establish distribution of power
- Define the limits of government power
- Specify the rights of citizens and how they are protected
What are the 3 features of a codified constitution.
- Authoritative - it is higher law, so binds all governments and other institutions.
- Entrenched- they cannot be amended easily, so there is a special procedure to do so.
- Judicable- all political bodies are subject to its authority, regulated by a court.
What are the 3 features of an uncodified constitution.
- Non- authoritative - sources are just normal law that is not superior.
- Unentreched - not specially protected against change
- Non- judicable- government are not held accountable to specific laws
Define pooled sovereignty
The combination of the national sovereignties of member states to enhance their power and influence. It is used to describe how legal sovereignty is shared among the members of the EU.
Define devolution
The process of transferring power from central government to regional governments. For example from Westminster Parliament to the Scottish Parliament/ Welsh Assembly. This does not necessarily mean a transfer of sovereignty.
Define quasi- federalism
An expression that suggests that the devolution looks like federalism but in fact isn’t because there was not a transfer of sovereignty.
Define statute law.
Give an example of statute law
Statute Law = a law passed by parliament
- Freedom of Information Act (2000) - allows certain government information to be accessed on demand
- Human Rights Act (1998) - meant that cases concerning human rights could be fought in UK courts
Define common law.
Give an example common law
Common law= unwritten law that can be enforced by the courts
- PMs Prerogative powers.
- Numerous individual rights and freedoms.
Define convention.
Give an example conventions
Convention= unwritten rules/ traditions that are followed as a result of the amount of time they have been observed.
- Salisbury Convention = that the HOL cannot obstruct a law that was in the governments manifesto
- Collective responsibility.
Give an example EU laws and treaties
- Lisbon Treaty (2007) - transferred power from the UK to the EU.
Give an example authoritative/ constitutional texts
- A.V Dicey Book - establishes the principle of equality before the law.
How are sovereignty and power different?
Sovereignty= ultimate power that cannot be overruled. Power= weaker expression to do what you do.
What were the aims of the labour governments constitutional reforms?
- Democratisation- HOL acts/ electoral reform (failed)
- Decentralisation- Devolution Acts/ Mayors
- Restoration of rights- HRA , Freedom of Information Act
- Modernisation- HOL reform, judicial reform with CRA
Devolution
1998
Elected Mayors
1998
