Constitution Flashcards
Unitary state
This is the idea that sovreignty is invested in the national legislature, this means it can create or abolish any other insitute of the state. A federal state on the other hand would divide sovreignity between two levels of government.
Devolution effect on the Unitary state
In practise parliament could not simply abolish the desolved legislatures, this has given the rise to the idea that the UK is infact a QUASI-FEDERAL state implying that devolution has resulted in this.
Rule of law
- The Uk government are not above the law and are still subject from legal checks and restraints. Although theoretically pariamentary sovreignity means parliament is ‘above’ this laws and has the power to abaolish them, although in practise not easy.
This is due to the uncodified nature of the consitution.
Parlimentary government
This is the idea that government are overlapping with parliament, they govern through parliament. The idea of ‘fusion of powers’. This can lead to a ‘elective dicatorship’ where government uses parliaments sovreignity to its own ends.
Consitutional Monarchy
- The role of the monarchy is too serve as a allegiance and as a symbol of political unity above the so called ‘rough and tumble’ of conventional party politics.
What is a consitution
A consitution is a body of laws, rules and practises that sets out the way in which a state or society is organised. it establishes the relationship between the state and its citizens.
It provides a framework for the political system.
Uncodified constitution
In this case there is no single source for the rules and principles that govern the state, rather they are found in a number of places. In the Uk the consitution is found in common law, statue law and historical documents.
Sources of the UK consitution
- Statue Law
- Common Law
- Conventions
- Authorititative works
- EU law and treaties
Statue Law
- This is law created by parliament, approved and passed by the House of commons, the Lords and the Monarch before they are placed in statue.
Examples of statue law include Human Rights Act 1998, Fixed term parliaments Act 2011 (established fixed 5 year elections to the westminster parliament) and the Parliaments Act of 1911 establsihing the commons as the domiant chamber.
Common Law
Common law includes legal principles that have been applied by UK courts, UK high courts use their power of judicial review to establish a legal position.This forms legal precedant.
ALTHOUGH due to parliamentary sovreignit statue law takes precedant over common law, government can always overturn such common law through a Act of Parliament.
For this reason UKSC can only determine governmetn actions unlawful or incomaptivle with the HRA but not unconsitutional.
Conventions
These are rules or norms of behaviour which are considered to be binding, although they arent legaly enforcebale or condified.
FOR EXAMPLE the monarch by convention must give the assent to acts of parliament, no monarch has refused this since 1707.
Authoritative works
These reffer to a handful of long established legal and political texts that have come to be accepted as the refference point for those who want to know what they have the power to do under the consitution.
Walter Bagehots The English Consitution sets out the role of the PM and the cabinet, as the ‘first among equals’
Parliamentary sovereignty
This is the cornerstone of the UK constituion, sovreignity means legal supremacy, and the doctrine of parliamentary sovreignity holds that the westminster parliament is the supreme law making body.
Parliament can legislate on any subject of its choosing, legislation cannot be overturned by a higher body, No parliament can bind its successors.
Key historical documents
Magna Carta 1215 guaranteed certain basic rights, including no imprisonment without jury trial and limited the powers of the monarch.
Bill of Rights 1689 guaranteed further basic rights including free election and laid out both rights of parliament and limitations on the power of the monatch.
Parliaments Acts 1911 and 1949 limited the powers of the Lords, preventing them from discussing finance and permanently blocking bills.
Acts of Union 1707 joined Scotland to England
and Wales, creating Great Britain, whilst
preserving a separate Scottish legal system.
Evolutionary change
There has been no single dramatic change or condification of the consitution, it has evolved over the years through historical documents, common, law statue law etc.
