C2- UK Constitution Flashcards
What is a constitution?
Sets out the rules and regulations within which governments operate. Establish the powers, composition and functions of state institutions and the relations between the different branches of government. Enshrines legal rights and duties of citizens.
What is a codified constitution?
Constitution contained within a single document. It is binding upon all institutions. It is a sovereign document- the highest authority. Eg. The USA
What is an uncodified constitution?
Constitution which draws upon multiple sources. Made up of states and customs. Eg the UK
Explain what it means that the US constitution in entrenched. How can the US constitution be changed?
An entrenched constitution the constitution is a higher law and requires special procedures to be changed compared to a normal law. The Us constitution in entrenched as to amend the constitution 2/3 of the house and 3/4 of the states agreement are needed in order for an amendment to be ratified.
Explain what it means that the UK constitution is unentrenched. How can the UK constitution be changed? How does the Fixed Terms Parliament Act 2011 demonstrate this lack of entrenchment?
Having an unentrenched constitution means that the UK constitution can be easily changed by a simple Act of Parliament. The FTPA 2011 was a simple act of parliament which meant parliamentary terms would last 5 years and remove the power of the prime minister to dissolve parliament.
What type of law does a codified constitution become? What is meant by a constitution codified constitution being judiciable?
A codified constitution became higher law. It is judiciable as the role of the highest court of the land determines what is and isn’t constitutional.
Why is the UK constitution not judiciable. Why are judges unable to strike down Acts of Parliament as unconstitutional?
Because of parliamentary sovereignty. In the UK parliament is the highest authority and cannot be challenged by other institutions.
In effect, who decides what is the UK constitution is at any one time? Is this a good thing or a bad thing?
Parliament decides what the UK constitution is and can change it whenever it wants. This is good as it means the constitution is flexible however this can cause issues if a majority government radically changes the UK constitution.
What is legal soverignty?
The ultimate power and the source of political power.
What is meant by parliamentary sovereignty under an uncodified constitution?
Parliament can make a law on any matter it chooses. Parliamentary legislation cannot be struck down by another body. No parliament can bind its successors.
Where does legal sovereignty lie under the UK constitution?
UK Parliament
What is a federal constitution?
The constitution decides sovereignty between central and regional bodies with different levels of government having their own distinct and protected responsibilities.
What is a unitary constitution?
When sovereignty lies in one location at the centre, whilst some power may be distributed/devolved to regions, the central authority retains the ability to take back this power and overrule all other bodies.
What might a quasi federal state be a better description of the UK.
In theory parliament is the supreme legal authority, in practice is has limited say over what happens in Scotland, Wales and Northern Ireland.
What are the 3 elements of parliamentary sovereignty in the UK?
Parliament can make any law on any matter it chooses.
Parliamentary legislation cannot be struck down by a higher body.
No parliament can bind its successor.
What is meant by the rule of law?
Everyone is entitled to a fair trial and due legal process.
All citizens must obey the law and are equal under it.
The judiciary must be independent of political interference.
Public officials are not above the law.
What is statute law?
A law made by parliament. Not all laws are of constitutional significance- only those laws passed which affect how the country is governed are.
Give an example of statute law with constitutional significance.
Constitutional Reform Act 2005
- which created the UK Supreme Court
Why is this arguably the most important source of the UK constitution?
Because statute laws are passed by parliament which is sovereign.
What is common law? What is common law sometimes referred to as?
Laws developed via judicial rulings or precedents, established over time.
What is judicial precedent?
Courts follow previous decisions on similar cases to ensure the same law is applied.
What is a convention? Are they more or less concrete than statute law as a source of the UK constitution?
Conventions are customs or traditions that have endured throughout history. They are less concrete than statute law given that thought they are largely upheld they do not have to be and are not legally enforceable. They are somewhat frequently ignored.
Briefly describe 3 constitutional conventions in the UK.
PM should allow of the HOC to vote on military action abroad.
Ministers should resign if they wish to publicly criticise the government.
House of Lords doesn’t vote against laws included in a governing party’s manifesto.
What is an example of a constitutional convention being broken?
Theresa May authorised military action in Syria without putting it to a vote in the HOC.
