Constitution Flashcards
What are the features of the UK constitution?
- Uncodified (no single written document)
- not entrenched (constitutional laws are flexible + can be altered)
- unitary (power is concentrated in one single institution)
What are the sources of the UK Constitution?
Statue Law
Common Law
Conventions
Works of authority
What is statute law?
It overrides other laws due to the principle of parliamentary sovereignty.
What is common law?
When deciding on the legality of a case, judges will use previous decisions on similar cases.
What are conventions?
These are established rules of conduct + behaviour - what is expected.
What are works of authority?
Works written by scholars seen as experts in the constitution.
What is parliamentary sovereignty?
The principle that absolute, supreme + unrestricted power lies with parliament.
What are the ‘Twin Pillars’?
- Rule of law - under the law of the country, all person, institutions + entities are equally accountable to the law.
- Parliamentary sovereignty - parliament has the most authority in the UK.
What are the key documents?
Manga Carta
Bill of Rights
The Act of Settlement
Acts of Union
Parliament Acts
European Communities Act
What is the Magna Carta?
1215 - King + government not above the law, nobody should be deprived of liberty or promoters with rout due process of law.
What is the Bill of Rights?
1689 - Regular parliaments, freedom of elections and speech within Parliament.
What is the Act of Settlement?
1701 - Right of Parliament to determine line of royal succession.
What is the 1st Act of Union?
1707, United England + Scotland under one Parliament.
Tony Blair reversed in 1997.
What is the 2nd Act of Union?
1800, Irish Parliament established, 100 MPs given in Westminister.
What are the Parliament Acts?
1911 - Lords can’t delay money bills and veto replaced with 2 year delaying power. Lords had rejected tax - raising ‘People’s Budget’.
1949 - Reduced 2 year delay to 1.