Chapter 5.1 - Nature of the UK Constitution Flashcards

1
Q

What Act confirmed the primacy of Parliament over the crown?

A

Act of Settlement 1701

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2
Q

What Act brought the UK into the European Union?

A

European Communities Act 1972

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3
Q

How is the British constitution different to the US and French constitutions?

A

It has evolved gradually rather than a revolutionary event which led to the complete overthrow of the previous government

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4
Q

What type of monarchy is the British monarchy?

A

A constitutional monarchy

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5
Q

What are 2 features of the UK Constitution that are not present in the US Constitution?

A

The UK Constitution in uncodified and unentrenched

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6
Q

Why are British citizens not protected by higher law?

A

Parliamentary sovereignty

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7
Q

What 2 things protect British civil liberties?

A
  • Principle that government should act according to the rule of law
  • Independence of the judiciary from the government
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8
Q

What does being a unitary state mean?

A

Power is centralised and the central government possesses absolute authority

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9
Q

THE SOURCES OF THE UK CONSTITUTION

A

THE SOURCES OF THE UK CONSTITUTION

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10
Q

What are the 6 sources of the UK Constitution?

A
  • Statute law
  • Common law
  • Treaties
  • Landmark decisions
  • Authoritative works
  • Conventions
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11
Q

What is statute law?

A

An Act of Parliament

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12
Q

What is common law?

A

Judicial interpretation of the law

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13
Q

What 1772 judicial case set an important precedent that the court must always dispense justice whatever the consequences?

A

Somerset v Stewart

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14
Q

What is the Salisbury convention?

A

The House of Lords does not oppose the second or third reading of legislation that was in the winning party’s manifesto

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15
Q

When does the Salisbury Convention date back to?

A

The Labour government of 1945-51

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16
Q

Who resigned their peerage in 1963 to enter the Commons via a by-election?

A

Alec Douglas-Home

17
Q

What convention was established in 2003?

A

Blair allowed the Commons to vote on military action in Iraq - Parliament should be consulted over large-scale commitments of British forces

18
Q

What treaty was accepted as part of the signing of the European Communities Act 1972?

A

The Treaty of Accession

19
Q

What did the Treaty of Accession do?

A

It made the UK a signatory to the Treaty of Rome (1957) and meant that the UK accepted all existing European Community law

20
Q

What are 3 treaties the UK has signed as part of the EU?

A
  • Single European Act
  • Maastricht Treaty
  • Lisbon Treaty
21
Q

In what judicial case did the Law Lords declare that EU law takes precedence over domestic law?

A

Factortame case 1991