Constistution Flashcards
What is the purpose of a constitution
To set out the rules and principles of an organisation- fundamental political priciples and is used to protect freedom , provide legitimacy and encourage governmental stability.
What is a statute law
Law laid out and written in an act of parliament ( any act of parliament is a statute law )
Common law
Set out by the judiciary and the law courts ( Supreme Court) based on the precedents set in previous cases - eg murder is. Common law
Constitutional convention
Much of the British constitution- rules methods and traditions that develop over a long period of time
Authorititive opinions
Erskin may or A.V dicey to inform the speaker what rules ought to be in certain situations ( both books considered informal parts of the b constitution)
Royal prerogative
Source of many of the executive powers of the executive- used to be exercised by monarch acting on his or her initiative but now - advice of pm or cabinet who are then accountable for decision.
Power to declare war
Parliamentary sovereignty
All constitutional power vested within Westminster parliament
PS could be said to be threatened by increasing powers of devolved assemblies
Sources of constitution - statue law
Every act of parliament - example - Scotland act 1998
Human rights act 1998
Hol act 1999
Eu withdrawal bill 1998
Elections act 2022
Most significant - as parliament sovereignty
Statutes take precedent over all other laws
Common law
Laws created by judges rulings over time
Exists when there is no statute or statute is vague -
Murder
R v R
Updates the constitution
Allows for updates when parliament has not legislated
Convention
Customs / traditions
Allow for a an constitution to evolve
- governments should resign if they loose
- monarch appoints pm
- ## monarch very unlikely to oppose a bill ( ceremonial role)
Royal prerogative
Summon or prorogue parliament
Royal assent - appoint pm and ministers
A Pm should get permission before taking military action - RP , what examples are there of this being broken
Theresa may - with action in Syria
Rishi sunak and the Houthi rebels
Broke the conventions.
IMR and CMR
Individual and collective ministerial responsibility- convention - binds members of governments
Salisbury convention - what is it
Lords won’t obstruct any bills from the governments manifesto - it gives primacy from the HoC as the elected chamber with the legitimacy to legislate
( disregarded durning coalition )
Was the Salisbury convention broken over Brexit ?
Controversy was with the unelected nature of the lords and weathe they should be able to make heavy amendments to a bill that the gov can claim a mandate for ( with the majority of 2019 - 365)
- not having ‘ wrecking ‘ Ammendments designed to essentially destroy the bill
- referendum asked only weather we should leave not about eu - uk relationship
- ammendment that requires second referendum must be wrecking
- manifesto was vague
