Chapter 2 Consititon Wb Question Task Flashcards
Define a codified constitution (with an example)
A codified constitution is a written document that outlines the fundamental laws and principles of a state.
Example: The Constitution of the United States.
Define an uncodified constitution (with an example)
An uncodified constitution is not written in a single document but is based on statutes, conventions, and judicial decisions.
Example: The Constitution of the United Kingdom.
What does it mean that the UK constitution is entrenched?
It means that certain laws are protected and cannot be easily amended or repealed without a specific process.
What does it mean that the UK constitution is unentrenched?
It means that laws can be changed by a simple majority in Parliament without special procedures.
What does the Fixed-term Parliaments Act 2010 define about the UK constitution’s lack of entrenchment?
It establishes rules for when elections can be called, demonstrating a shift towards more structured parliamentary procedures.
What type of laws are justiciable?
Laws that can be adjudicated by the courts and enforced through judicial review.
What is meant by a codified constitution?
A constitution that is written in a single document and is legally binding.
Why is the UK constitution considered flexible?
Because it can be amended by a simple majority in Parliament.
Who decides what the UK constitution is at any one time?
Parliament and the judiciary determine the constitution’s interpretation.
What is legal sovereignty?
The ultimate authority to make and enforce laws within a jurisdiction.
What is meant by constitutional sovereignty under a codified constitution?
The principle that the constitution is the supreme law and cannot be overridden by ordinary legislation.
Where does legal sovereignty lie under the UK constitution?
Legal sovereignty lies with Parliament.
What is a federal constitution? Give an example.
A federal constitution divides powers between central and regional governments.
Example: The Constitution of Canada.
What is a unitary constitution? Give an example.
A unitary constitution centralizes power in a single national government.
Example: The Constitution of the United Kingdom.
Why might ‘quasi-federal state’ be a better description of the UK?
Because it has devolved powers to regional governments while retaining central authority.
What are the three elements of parliamentary sovereignty in the UK?
- Parliament can make or unmake any law
- No Parliament can bind a future Parliament
- Courts cannot question the validity of Parliament’s legislation.
What is meant by the rule of law?
The principle that all individuals and institutions are accountable to the law.
What is statute law?
Laws enacted by Parliament.
Give an example of a statute law with constitutional significance.
The Human Rights Act 1998.
Why is statute law arguably the most important source of the UK constitution?
Because it establishes the legal framework within which the government operates.
What is common law?
Law developed through court decisions and precedents.
What is common law sometimes referred to as?
Case law.
What is judicial precedent?
The principle that courts should follow previous decisions in similar cases.
What is a convention?
An established practice that is followed by the institutions of government but is not legally enforceable.
