Constitution Flashcards
codified constitution
single document sets out laws, rules and principles in which state is governed to protect rights of citizens
Superior to other law and entrenched
uncodified constution
laws etc not in a single document instead in different sources
Convention and statute law
Not entrenched so can be amended same as ordinary law
Courts in codified and uncodified
Codifed- important use constitution to determine whether actions are constiutional
Uncodified- judicial review limited as no document that can determine wether act is unconstitutional
Royal prerogative powers
appoint ministers and choose PM
give royal assent to legislation
declare war and negotiate treaties
Statute law and examples
law derived from acts of parliament
HR Act 1998- set out rights of people following from ECHR
Fixed term parliament Act 2011- 5 year elections
Conventions and example
established norms of political behaviour
No Monarch refused assending bill since 1707- result in constitutional crisis
Parliamentary sovreignty
parliament has legal authority in state- Westminister
Rule of law
relationship between state and citizens
no one above the law
Strengths of UK constitution
adaptable
strong govt- day to day power resides in executive
Accountability- govt accountable to parliament and electorate
Weakness of UK Constitution
Outdated and undemocratic- royal prerogative + HOL (hereditary)
Concentration of power- parliamentary sovreignty, rule of law not fully protected. Govt w majority can force legislation and undermine civil liberties
Lack of clarity- unclear hether govt acted unconstitutionally - Johnson pregoration of parliament
Human Rights reform
1998- enshrined aspects of ECHR in UK law.
Devolution reform
1999- Blair, devolved power to Scotland, Wales and N Ireland
West Lothian question
EVEL (2013)
HOL reform
1999- abolished all but 92 hereditary peers, no political party w majority.
Supreme Court reform
Constituional Reform act 2005- Supreme Court removed judicial role of HOL, enhanced seperation of powers