Constitution 1 Flashcards
Define constitution
A set of principles that establishes the distribution of power within a political system
Functions of constitutions
- Determine how political power should be distributed
- Establish political processes
- States what limits of government power should be
- Establish rules by which nationality is established
- Assert rights of citizens against the state
- Contains the rules for its own amendments
What is a unitary constitution
Ultimate political power resides in one location
What is a federal constitution
Sovereignty is divided between central bodies and regional institutions
What is quasi federalism
Implies that powers that have been devolved are effectively entrenched and therefore cannot be returned
Sources of the UK constitution
Parliamentary statutes
Common law
Constitutional conventions / historical principles and authoritative works / tradition
What is a parliamentary statute
Acts of Parliament that establish constitutional principles
What is a constitutional convention
An unwritten rule that is considered binding on all members of the political community
What are historical principles and authoritative works
Similar to conventions, they are effectively binding because they’ve been established over a long period of time
What is common law
The development of laws through judicial precedent
What is tradition
Similar to common law
How is Europe a source of the UK constitution
Parts of the constitution come from Europe
Characteristics of the UK constitution
Uncodified
Not entrenched
Constitutional monarchy and royal prerogative
What does uncodified mean
Unusually, the British constitution is not contained in a single document and has a variety of sources
What does not entrenched mean
It is not specially safeguarded against change
What does constitutional monarchy and royal prerogative mean
The monarch remains head of state but the head of government (PM) carries out most of her functions
Example of a referendum to determine constitutional change
Good Friday Agreement 1998
EU referendum 2016
Example of judicial review
Belmarsh Case
Example of strengths of the UK constitution: Flexible and adaptable
O’donnell for coalition
Example of weaknesses of the UK constitution: Contains outdated institutions
Monarchy and HoL
Example of strengths of UK constitution: Has stood the test of time
No revolutions since 17th century
Example of strengths of the UK constitution: Ensures that parl. can act decisively
Anti-terrorism act 2001
Example of weaknesses of the UK constitution: Lack of restraints on power on govt
Eg. Human rights act - 2004 Belmarsh
