constitution Flashcards
1
Q
what is an uncodified constitution? (UK)
A
- no single source for the rules and principles that govern a state - found in a variety of sources
- some written - statutes, some unwritten - precedents, conventions
- means parliament has sovereignty
- constitutional laws same status as reg statute - no hierarchy/fundamental law
- not entrenched - can be amended same way as ordinary law
- judicial review limited - no single authoritative doc that senior judges can use to determine whether act/action is constitutional
2
Q
what is limited government?
A
system by which powers of govt are subject to legal constraints as well as checks and balances within the political system - i.e. protect country from over mighty ruler
3
Q
what is a codified constitution?
A
- single authoritative document setting out all of the rules and principles by which a country is governed + protects rights of citizens
- has status of fundamental law + superior to all other law
- entrenched - special procedures for amendment that make it difficult to change
- constitutional court generally given job of holding other key players (individuals/institutions) accountable to this supreme law
4
Q
what is a constitution? where does british constitution derive from?
A
- a body of laws, rules and practices that sets out the way in which a state or society is organised
- british constitution derives from:
- statute law
- common law
- conventions
- authoritative works
- EU
5
Q
what are conventions? examples?
A
- rules or norms of behaviour considered binding
- usage over extended period of time gives them authority
- prime minister leader of largest party in parliament
- 2011 fixed term parliament act put into statute law the convention that the govt should resign if defeated in a vote of no confidence
6
Q
what is statute law? examples?
A
- all legislation created by parliament - most important source of the constitution due to the principle of parliamentary sovereignty
- all other sources can be overridden by it
- HRA 1998 - Incorporated into UK law
- 1918 representation of people act - allowed all men + some women to vote
7
Q
what is common law? examples?
A
- created by courts/judges
- as a result of judicial review to clarify laws
- creates a precedent to guide future decisions
- some customs + precedents have become accepted as legally binded - like royal prerogative (powers exercised by govt in name of crown)
- murder, manslaughter, common assault
- misconduct in public office
8
Q
what are authoritative works? examples?
A
- long established legal + political texts that have come to be accepted as ref points
- have no formal legal status - do have ‘persuasive authority
- helpful in analysing values that underpin constitution + shed light on more obscure areas
- May’s green book
- bagehot’s ‘the english constitiution’
- dicey’s ‘intro to the study of the constitution’
9
Q
what is EU law? examples?
A
- under 1958 treaty of rome, EU took precedence over UK law
- proposals to incorporate all EU law into UK law (teresa may)
- something like 150,000 pieces of EU law has been retained:
- UK working time directive - adopted from EU WTD
- EU’s GDR adopted into uk GDR
10
Q
what is the rule of law? according to dicey what are the three main strands?
A
- defines the relationship between the state and its citizens - ensuring state action limited + responsible
- no one can be punished without trial
- no one is above the law + are subject to same justice
- general provisions of a constitution are result of decisions made by an indep judiciary
11
Q
what should laws be?
A
- stable
- cannot be made retrospectively
- should be made through an open, accepted + known process
12
Q
what might be included in a constitution?
A
- who has power + what power they have
- relationship between various institutions (judiciary etc)
- where authority resides + who can make decisions
- basic rights of citizens - bill of rights
13
Q
what is the british bill of rights?
A
- habeas corpus - right you cannot be held without a trial
- magna carta (sort of)
- european convention of human rights (1998)
14
Q
what are 4 principles of the UK constitution?
A
- parliamentary sovereignty
- rule of law
- a unitary state
- parliamentary govt under a constitutional monarch
15
Q
what is parliamentary soverignty?
A
- parliament can legislate on any subject of its choosing
- legislation cannot be overruled by any higher authority
- no parliament can bind its successors
16
Q
examples of when parliamentary sovereignty can be seen as undermined?
A
- under european communities act 1972 parliament effectively agreed to make itself subservient to european law
- new labours devolution programme saw scottish parliament being granted tax-varying powers + primary legislative control over many areas of govt operation
- increased use of referendums since 1997 could be said to have transferred power from parliament back to people
17
Q
what is a unitary state?
A
- constitutions whereby there is highly centralised state where political power concentrated at the center - westminister model for UK
- central govt ultimate authority over subnational institutions
- regional govt may be weak/non-existent
- local govt has little power
18
Q
how does a unitary state contrast to union + federal state?
A
- union - where there is centralised control but component nations have some degree of autonomy
- state whose component parts have come together through a union of crowns/ by a treaty
- federal state - division of power between national + regional govts
19
Q
is the UK a ‘nation of nations’?
A
- multinational nature
- traditionally described as a unitary state
- unitary state - all parts governed in same way + same common political culture
- union - political + cultural differences remain
- asymmetries reflect different ways state components united
- nations of UK came together in different ways - political + cultural differences survived
- could be argued devolution programme raises further questions whether its a unitary state
