CON: The nature and sources of the UK Constitution Flashcards
what is a constitution?
a set of laws and guidlines setting out how a political system works and where the power is located within a system
It defines the powers and functions of gov and the rights of citizens
what are three functions of the constitution?
1 - determine how political power is distributed within the state. It is unitary in the Uk because ultimate power is firmly in one place and the system is bicameral - two houses in parliament
2 - establishes the limits of governmental power: uk con places no limits at all on Parl because it is soverign and can do what it likes.
3 - asserts the right of its citizens against the state which prevents the gov from trampling on its citizen’s civil liberties
what did Jean-Louis de Lolme say about parliament?
“Parliament can do everything but make a woman a man and a man a woman”
what is the magna carta:
1215 - established that the rule of law should apply and that should include the monarch and assert rights of their citizens; it took power away from the king
what is the Bill of Rights:
1689: established the sovereignty of parl and its supremacy over the monarch. Parl has the final say over legislation and finances
what is The Act of Settlement:
1701: the rules governing the succession to the throne and established the monarch’s position as the ruler of the UK
what is the Acts of Union:
1707: abolished the separate scottish parliament and so became a part of the UK parl. Despite devolution in 1998 bringing back the scottish parl, it is still not sovereign in scotland
Parl Act 1911
1911: the lords lost their power to regulate public finances and could only delay legislation for 2 years. It could no longer veto proposed legislation for good
Parl Act 1949
1949: reduced the delaying period to 1 year which made the commons very much the senior house
Uncodified:
not contained in a single doc
virtually all other modern countries have a modern constitution with a codified con
unentrneched
can be altered easily and is more flexible. The reason why its not difficult is because the UK is sovereign. in effect, every new parl is able to amend the con. This is easily done by a large majority gov
an example of when the gov took advantage of the unentrneched constitution
Passing the Human Rightd Act 1998 - incorporated the European Conventions on Humans Rights into Uk law. It became binding to all other political bodies but not parliament itself. This was able to happen through passing a simple Act.
an example of why an unentrenched con has not been a good idea
Fixed term parl act 2011
Each new parl should sit for a fixed term of 5 years before the next general election. Because this wasn’t entrenched, any future parliament could repeal or amend it
EG Theresa May calling a snap election in 2017 which disabled the act
unitary:
sovereignty located in one place, at the centre which is Westminster.
It can give power out but also take it back again which differs with federalism which is when the gov give out power and cant take it back again
what is statute law
parliament can amend of repeal any statute; laws that affect the nature of the political system and its citizen’s rights; all statutes have the same status
EG Human rights act 1998
Fixed term parl act 2011
