Constitution Flashcards
What are the 5 Sources of the UK constitution?
Statue Law, Common Law, Major works/documents of authority, Conventions, Royal Prerogative
What is Statue Law?
Law created through an Act of Parliament.
What determines whether Statue Law is of constitutional significance?
It has to be an Act which concerns the fundamental relationship of the state with the people or determines the relationship between state institutions.
What is an example of a constitutional Statue Law? Explain it
Fixed-term Parliament Act 2011 which established fixed Parliament elections every 5 years. Great Reform Act 1832 which extended and made the franchise more equal and fair.
What is Common Law?
Law that has been developed by the UK Courts derived from legal precedent and customs.
How does Common Law work?
Customs and legal precedent created serves as a guides for future law making and lower courts.
What is the relationship between the two Law sources?
Due to parliamentary sovereignty Common Law can be overturned by an act of parliament (Statue Law), meaning it has legal supremacy over Common Law.
What is considered under major works of authority?
This is academic, legal or political writing, that is widely recognised as authoritive and has been used as reference to understand and interpret core values of the constitution.
What is an example of a work of authority
Walter Bagehot’s ‘The English Constitution’ which set out and clarified the role of the PM and the Cabinet. Writing like this could help keep accountability and bring out understanding.
What is a Convention?
A tradition, custom or norm that has been established and exercised for an extended period of time, considered binding.
What is an example of a Convention and how can it be established?
Conventions may be disused over time depending on their significance and new Conventions can be created. A key historical Convention is Royal Assent which establishes that the monarch must give their assent when Parliament passes a new Act. A more recent Convention was established by Gordon Brown that the UK would not declare war without a parliamentary vote.
What is Royal Prerogative?
These are the Crowns prerogative powers which are now mostly exercised by the government.
What are some of the key Prerogative powers?
Appointing ministers (PM), Royal Assent (Convention still held by monarch), declare war and negotiate treaties (Parliament)
