Chapter 5 - 3/6 - Sources of the UK constitution Flashcards
What are the 5 sources of the UK constitution?
- Parliamentary statutes.
- Constitutional conventions.
- Authoritative texts.
- Common law.
- Customs and traditions.
What is a constitutional convention?
An unwritten rule that is considered binding even though it is not enforceable by law.
What is the Salisbury Convention?
That the House of Lords should not block any legislation that appeared in the governing party’s election manifesto.
What is the convention of collective responsibility?
The convention that all members of the government must support official policy in public or else resign.
What convention does the Queen have in forming a government?
It is a convention that the Queen invites the leader of the largest party to form a government.
When was the Equal Franchise Act?
1928
What did the Equal Franchise Act do?
Gave full and equal voting rights to women.
When was the Human Rights Act?
1998
What did the Human Rights Act do?
Incorporated the codified European Convention of Human Rights into UK law.
When was the Scotland Act?
1998
What did the Scotland Act do?
Established a Scottish Parliament.
When was the House of Lords Act?
1999
What did the House of Lords Act do?
Abolish all but 92 hereditary peers.
When was the Freedom of Information Act?
2000
What did the Freedom of Information Act do?
Introduced the right of citizens to see all official documents not excluded on the grounds of national security.
When was the Fixed Term Parliaments Act?
2011
What did the Fixed Term Parliaments Act do?
Removed the prime minister’s power to call an election whenever they wanted.
What convention appears to be emerging with regards to military action?
That the prime minister must consult parliament before committing British armed forces. This was not the case before David Cameron asked parliament in 2013 to approve action in Syria, which they refused to do.
What is the ‘rule of law’ convention?
That no one or no body is above or outside of the law - not even parliament.
Which author established the convention of the ‘rule of law’?
A. V. Dicey
What is common law?
Any rule of conduct that is both well established and generally acknowledged.
What common law applies to the prime minister?
The prerogative powers of the prime minister are considered common law powers; they have never been put into formal legislation.
