3.1.1.1 The nature and sources of the British constitution Flashcards
What is the uncodified constitution
This describes a constitution where the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead, they are found in a variety of sources - some written (eg. statute law) and some unwritten (e.g. convention).
Codified Consitutions
A single, authoritive document that sets out the laws, rules and principles by which state is governed and which protects the rights of citizens.
Key provisions of the bill of rights, 1689
-The suspension ore execution of laws without parliamentary consent was made illegal
Statute law
law derived from acts of parliament and subordinate legislation
common law
law derived from general customs or traditions and the decisons of judges
conventions
established norms of political behaviour; rooted in past experience rather than the law
authoritative works
refers to a handful of long established legal texts that have come to be accepted as the refernce points for those wishing to know precisely ‘who can do what’ under the uk constitution
royal prerogative
discretionary powers of the crown that are exercised by government ministers in the monarch’s name
rule of law
a legal theroy holding that the relationship between the state and the individual is governed by law, protecting the individual from arbitary state action
parliamentary sovereignty
the doctrine that parliament has absolute legal power within the state
individual rights
the rights needed by each individual to pursue their lives and goals without interference from other individuals or the government.
collective rights
the rights of groups to protect their interests and identities
key provisions of the magna carta, 1215
-the king could not raise tax without the consent of the people
-the right to trial by jury was guaranteed
Parliament
the highest legislature, consisting of the Sovereign, the House of Lords, and the House of Commons.
Legislature
the legislative body of a country or state.
Government
the group of people with the authority to govern a country or state; a particular ministry in office.
executive
denoting or relating to the part of a political administration with responsibility for putting into effect laws drawn up by the legislature.
separation of power doctrine
The doctrine of the separation of powers requires that the principal institutions of state— executive, legislature and judiciary—should be clearly divided in order to safeguard citizens’ liberties and guard against tyranny.
Constitutional monarchy
a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making.
prime minister
the head of an elected government; the principal minister of a sovereign or state.
entrenched
refers to the fact that the constitution cannot be changed easily
Unitary side
a system of political organisation in which most or all of the governing power resides in a centralised government, in contrast to a federal state.
bill of rights
an authorative document of the rights of citizens, often entrenched as apart of a codified constitution
constitution
the set of rules and principles on how to govern a country
limited government
a system which the powers of government are subject to legal constraints as well as checks and balances within the political system
key histroical documents
-magna carta, 1215
-bill of rights, 1689
-act of settlement, 1701
-acts of union, 1707
-parliament acts, 1911 and 1949
-european communities act, 1972
fundamental law
constitutional law that is deliberately set above regular statue in terms of status, and given a degree of protection against regular laws passed by the legislature
judicial review
the power of senior judges to review the actions of government and public authortites and to declare them unlawful if they have exceeded their authority
devolution
the process by which a central government delegates power to another, normally lower, tier of government, while retaining ulrimate sovereignty
authority
the right to take a particular course of action
power
the ability to do or make something happen
governance
a form of decision making which involves a wide range of institutions, networks and relationships
government
the set of institutions that exercise authority and make the rules of a political unit
westminster model
a form of government exemplified by the british political system in which parliament is sovereign, the executive and legislature are fued and political power is centralised
judiciary
the branch of government responsible for interpreting the law and deciding upon legal disputes
positive of westminster model
-government is representative and responsible
-government is strong and effective
-voters are presented with a clear choice between the governing party and the opposing party
-the rule of law defends basic civil liberties
negatives of westminister model
-insufficent checks and balances
-concentration of powr in the centre
-limited oppourtunities for political participation
-not a strong rights culture
civil liberties
fundamental individual rights and freedoms the ought to be protected from interference or encroachment by the state
elective dicatorship
where there is excessive concentration of power in the elective dictatorship
constitution
the laws, rules and practices which determine the institution of the state, and the relationship between the state and it’s citizens
british constitution
highly unusual as it is uncodified, this means that the major principles of the political system are not found in a single authorative document
concepts of parliamentary sovereignty
-parliamnent can legislate on any subject of its choosing
-legislation cannot be overturned by any higher authority
-no parliament can bind its successors
legitimacy
rightfulness: a political system is legitimate when it is based on the consent of the people and actions follow from agreed laws and procedures
referendum
a vote on a single issue put to a public ballot by the government
key features of the parliamentary system
-the executive and legislative branches are fused
-the legislature can dismiss the executive
-parliamentary elections decide the government
-collective government
-seperate head of state
constitutional monarchy
a form of monarchy in which monarch is head of state
fusion of powers
the intermingling of personnel in the executive and legislative branches found in parliamentary system
seperation of powers
the principle that the legislative executive and judicial branches of government should be independent of each other
key elements of the house of commons
-legitimacy
-exclusive powers
-conventions
what has made parliament more efficent?
- select commitees
-back bench business
-backbench rebellions
-weakening of prerogative powers
-an assertive house of lords
judicial review
the process by which judges determine whether public officals or public bodies have acted in manner that is lawful
quasi-federal state
the central government of a unitary stateate devolves some of its powers to subnational governments. it has some features of a unitary state and some of a federal state
significance of the magna carta
-guaranteed the right to a swift trial
-placed limitations of taxation
-offered protection from arbitary imprisionment
significance of the bill of rights
-placed limitations on the power of the monarch
-enhanced the status of parliament
-prohibited cruel and ususal punishment
significance of the act of settlements
-barred roman catholics ot those married to from taking the throne
-resulted in the house of hanover assuming the english throne
-said to have paved the way for the acts of union
significance of the acts of union
-united the kingdoms of england and scotland to form great britain, governed from westminster
significance of the parliament acts
-removed the power of the house of lords to block money bills by imposing a maximum 2 year delay
-reduced the power of hte house of lords to delay non-money bills by reducing the time limit to 1 year
features of a codified constitution
-The rules and principles governing the state are
collected in a single authoritative document: the
constitution.
-It has the status of fundamental law and is
superior to all other law.
-It is entrenched, with special procedures for its
amendment that make it difficult to change.
-The courts, particularly a constitutional court, use
the constitution to determine whether the actions
of other key players are constitutional.
features of an uncodified constitution
-There is no single authoritative document. Instead, the rules and principles governing the state are found in a number of sources, both written and unwritten.
-Constitutional laws have the same status as regular statute; there is no hierarchy of laws and no tundamental law.
-It is not entrenched so can be amended in the same way as ordinary law.
-Judicial review is limited because there is no single authoritative document that senior judges can use to determine whether or not an act or action is
unconstitutional.
four key principles of the uk constitution
-parliamentary sovereignty
-the rule of law
-a unitary state
-parliamentary government under a constitutional monarchy
cabinet goverment
a systrem of government in which executive power is vested not in a singke individual but in a cabinet whose members operate under the doctrine of collective responsibility
parliamentary government
a political system in which government takes place through parliament and in which the executive and legislative branches are fused
prime-ministerial government
a system of government in which the prime minister is the dominant actor and is able to bypass the cabinet
westminster model
-a form of government exemplified by the british political system in which parliament is sovereign, the executive and legislature are fused and political power is centralised
strengths of the uk constitution
-adaptability
-strong government
-accountability
weaknesses of the uk constitution
-outdated and undemocratic
-concentration of power
-lack of clarity
four themes that drove the labour’s constitutional reform
-modernisation
-democratisation
-decentralisation
-rights
modernisation
institutuions such as parliament, the executive and the civil service were using outdated and inefficent procedures that demand reform
democratisation
participation in the political process would be encouraged through electoral reform and greater use of referendum
decentralisation
decision-making powers would be devolved to new institutions in scotland and wales, with the role of local government being enhanced
rights
the rights of citizens would be strengthened and safeguarded
electoral constitutional reform
new electoral systems for devolved assemblies, for european parlaimnet and elected mayors
devolution constitutonal reform
a scottish parliament with primary legislative and tax raising powers
a northern ireland assembly with primary legislative power
a welsh assembly with secondary legislative powers
parliamentary constitutional reform
all but 92 hereditary peers are removed from the house of lords limited reforms to the workings of the house of commons
Judicialry constitutional reform
the constitutional reform act 2005 focused on judcial reform. Led to the supreme court being set up in 2009, became the uk’s highest court and removed the judicial role of the house of lords.
coalition government in 2010-16 reforms
a degree of compromise between the conservative and the liberal democrats. Although some significant changes were made to the UK’s constitutional arrangements, most of the other significant changes.
Barnett formula
a mechanism devised in 1978 by the then chief secretary to the treasury, Labour MP, Joel Barrnett. This formula translates changes in public spending in England into equivilant changes in the block grants for Scotland, wales and northern ireland, calculated in the basis of population
English Votes for English Laws
The 2013 report of the commision on the consequences of devolution for the house of commons recommended that only English MPs should be allowed to vote on measures which were identified as affecting only England.
arguments in favour of the UK adopting a codified constitution
-provide greater clarity on what is and what is not constitutional
-the rules of the governing the British political system would be set out
-the rights of citizens would be given further constitutional protection
-would tackle the centralised powers by setting limits on the power of the executive and introducing more efective institutional checks and balances
