Chapter 3: the constitution Flashcards
What is a constitution?
Establishes the structure, procedure, power and duties of a government
What are the rules of a constitution?
- Establish the duties, power and functions of each branch of government
- Regulate relationships between and among institutions
- Define the relationship between the state and the individual
What are the sources of the UK constitution?
- Statute Law
- Common Law
- Conventions
- Works of the constitutional authority and constitutional documents
- EU Laws and Treaties
What is statute law?
- law made by parliament
+ this is the most important course of the UK constitution
Give 3 examples of statute law
Parliaments Acts 1911 & 1949 : prevents the HOL for blocking legislation for over 2 years, then reduced to 1 year. Also stops them interfering with money bills
European Communities Acts : entered the UK European Union
Scotland Acts 1998/ Wales Act 1999 : established devolved assemblies
What is common law?
- Body of laws based on tradition, custom and precedent
+ Created and refined by courts which bind the precedent of future cases
Give 3 examples of common law
- Royal Prerogative - formal powers, including the powers of the PM and executive
- Traditional rights and freedoms - residual rights, everything permitted if not prohibited
What are conventions?
- Key unwritten elements that control conduct and behaviour
+ There are no legal consequences if ignored
Give 3 examples of conventions in the UK constitution
- Royal Assent - it is a convention that the monarch will always pass legislation
- Appointment of the PM - done by monarch a and is the Largest party in the Commons
- Exercise of Crown powers - everything done by PM and ministers
How do the works of constitutional authority contribute to the UK constitution?
- It is sometimes necessary to consult works by key authors who are authorities on constitutional issues due to
- Gaps in the constitution
- A need to interpret the constitution
Give examples of constitutional works consulted by the gov
- Bagehot’s ‘The English Constitution’ (1867)
- Erskine May’s ‘Treatises in the Law, Privileges, Proceedings and Usage of Parliament’ (1844)
How does EU law and treaties contribute to the UK constitution until 2019
In 1973 the UK jointed the EEC which made the UK subject to EU laws and treaties and it also gained higher status over UK law
Give examples of the most important EU laws and treaties
- 1986 Single European Act : ensure the single market and the free movement of good, services and capital
- 1993 Maactrictht Treaty : created political and monetary union (but the UK opted out of the the single currency)
- 2009 Treaty of Lisbon : modified version of proposed constitution
What are the characteristics of the UK constitution?
- Parliamentary Sovereignty
- Rule of Law
- Uncodified
- Unitary
- Flexible
- Fusion of powers
What does uncodified mean?
- not made up of one document
+ the UK constitutions is written but can be described as being unwritten (due to being multiple documents
Why is the UK constitution flexible?
- it can be easily amended and altered through the legislative process
What does unitary mean?
Ultimate power over the state lies with a central, sovereign body
Define parliamentary sovereignty
parliament possesses supreme power over the people. It is in charge of the country
e.g. 2019 perogation of parliament
Define fusion of powers?
- Where the legislative, judiciary and executive branches of government work together
- In the UK the executive is chosen from and accountable to the legislature
What is the rule of law?
- no one is above the law
- minister and public authorities are subject to the law as well
- key concepts are equality, accessibility and must be based on common law
Give some strengths of the UK constitution
- Easily changed, can keep up with progressing times
- Fusions of powers allows for government to
work easily, less stalling - Allows for a lot of accountability to the public, the will of the people can be enshrined in law
- Can allow for protection of minorities more easily if they keep up with hate crime and discrimination
Give some of the weaknesses of the UK constitution
- Hard to study/interpret and can contradict itself
- Lack of checks and balances especially on the executive
- Can be easily changed/abused to create dictatorship
- The ability to change easily means that citizens rights are not ensured
- Being heavily based on convention/common law means that lots of undemocratic elements remain - HOL, monarchy
Arguments for a codified constitution in the UK
- It would provide clear rules, with less confusion as to what the constitution means
- it would formally limit the powers of gov, addressing the problem of elective dictatorship
- it would strengthen citizenship, giving people a clear idea of not only thier rights but the purpose and workings of the political system
Arguments against a codified constitution in the UK
- It would be too difficult to change and may become outdated
- it would give unelected judges to power to prevent elected government from parrying out its pledges
- uncodified constitutions are organic and naturally evolving
What is authoritive works?
- Written works by educated scholars
e.g. A.V.Dicey - written constitution
Royal perogative?
- Powers that theoretically should be under the control of the monarch but have been passed to PM
- peroging parliament
