Chapter 5.1 - Nature of the UK Constitution Flashcards
What Act confirmed the primacy of Parliament over the crown?
Act of Settlement 1701
What Act brought the UK into the European Union?
European Communities Act 1972
How is the British constitution different to the US and French constitutions?
It has evolved gradually rather than a revolutionary event which led to the complete overthrow of the previous government
What type of monarchy is the British monarchy?
A constitutional monarchy
What are 2 features of the UK Constitution that are not present in the US Constitution?
The UK Constitution in uncodified and unentrenched
Why are British citizens not protected by higher law?
Parliamentary sovereignty
What 2 things protect British civil liberties?
- Principle that government should act according to the rule of law
- Independence of the judiciary from the government
What does being a unitary state mean?
Power is centralised and the central government possesses absolute authority
THE SOURCES OF THE UK CONSTITUTION
THE SOURCES OF THE UK CONSTITUTION
What are the 6 sources of the UK Constitution?
- Statute law
- Common law
- Treaties
- Landmark decisions
- Authoritative works
- Conventions
What is statute law?
An Act of Parliament
What is common law?
Judicial interpretation of the law
What 1772 judicial case set an important precedent that the court must always dispense justice whatever the consequences?
Somerset v Stewart
What is the Salisbury convention?
The House of Lords does not oppose the second or third reading of legislation that was in the winning party’s manifesto
When does the Salisbury Convention date back to?
The Labour government of 1945-51
Who resigned their peerage in 1963 to enter the Commons via a by-election?
Alec Douglas-Home
What convention was established in 2003?
Blair allowed the Commons to vote on military action in Iraq - Parliament should be consulted over large-scale commitments of British forces
What treaty was accepted as part of the signing of the European Communities Act 1972?
The Treaty of Accession
What did the Treaty of Accession do?
It made the UK a signatory to the Treaty of Rome (1957) and meant that the UK accepted all existing European Community law
What are 3 treaties the UK has signed as part of the EU?
- Single European Act
- Maastricht Treaty
- Lisbon Treaty
In what judicial case did the Law Lords declare that EU law takes precedence over domestic law?
Factortame case 1991
