constitution Flashcards
constitution
set of rules that set out how a country operates. it establishes duties, powers, and functions of the various institutions of government.
attempts to regulate the relationship between the governing institutions and defines the relationship between the state and rights of the individual.
democracy
a system of government in which power is vested in the people and exercised by them through elected representatives.
parliamentary sovereignty
cornerstone of British constitution, states that Westminster parliament is the supreme law-making body. parliament has legislative supremacy. parliament may make any law it chooses; its decisions may not be overturned by any higher authority, and many not bind its successors.
unentrenched constitution
has no special procedure for amendment, unlike an entrenched one which requires separate rules and procedures for amendment.
uncodified constitution
a constitution where the laws, rules and principles specifying how a state is governed are not gathered in a single document. instead they are found in a variety of sources.
judiciary
the branch of government responsible for interpreting the law and deciding upon legal disputes.`
legislative
branch of government responsible for passing laws
executive
branch of government responsible for implementation of policy
Westminster model
parliament is sovereign, executive and legislative are fused and political power is centralised
rule of law
a legal theory holding that the relationship between the state and the individual is governed by the law, protecting the individual from arbitrary state action
fusion of powers
the intermingling of personnel in the executive and legislative branches found in parliamentary systems.
unitary state
a homogenous state in which power is concentrated at the political centre and all parts of the state are governed in the same way.
quasi-federal state
the central government of a unitary state devolves some of its power to a subnational governments. it has some of the features of a unitary state and some of a federal state.
statute law
law derived from Acts of Parliament and subordinate legislation
common law
law derived from general customs or traditions and the decision of judges.