Constitution Flashcards
How do conventions adapt over time?
Conventions can adapt with time as prevailing standards change and develop. This allows them to remain relevant and effective in governing the political system.
What was the purpose of the Constitutional Reform Act of 2005?
The Constitutional Reform Act of 2005 was designed to address concerns that the separation of powers between the judiciary and the other two bodies of state was blurred. It aimed to reform the relationship between the House of Lords and the judiciary.
What specific functions do conventions serve in the operation of the Cabinet system?
Conventions underpin the operation of the Cabinet system by defining what Ministers are responsible for and how they should conduct themselves. They regulate relations between the House of Lords and the House of Commons, between the Executive and the Monarch, and between the judiciary and other organizations of the state.
What is the role of Parliament in the UK?
Parliament is the supreme legislative body of the UK. It can ‘make or unmake’ any law it wishes. The House of Commons is made up of elected Members of Parliament, while the House of Lords is not elected. The Constitutional Reform Act 2005 led to a reorganization of the House of Lords’ relationship with the judiciary.
What are the sources of constitutional rules in the UK?
Constitutional rules in the UK come from legislation, case law, and constitutional conventions. Acts of Parliament are the primary source of constitutional law, but not all Acts of Parliament are considered constitutional. Constitutional conventions are informal rules of political practice that are agreed upon and respected.
What type of constitution does the UK have?
Uncodified
What is the Salisbury-Addison convention?
The Salisbury-Addison convention states that the House of Lords should defer to the House of Commons and not reject any government legislation at second reading if it carries out a manifesto commitment made in the course of a general election.
How does the executive branch of the UK government function?
The executive branch of the UK government consists of the Monarch, the Prime Minister and the Cabinet, and government departments. Government departments derive their powers to administer the state from statute or the common law. Powers can also come from the royal prerogative. Delegation of power within the executive is necessary for administrative efficiency.
What is the Sewel Convention and how does it relate to legislation in Scotland, Wales, and Northern Ireland?
The Sewel Convention states that the Westminster Parliament will not normally legislate with regard to devolved matters in Scotland, Wales, or Northern Ireland without the consent of the devolved administration. This convention ensures that decisions regarding devolved matters are made by the respective administrations.
What is the significance of the judgment in Entick v Carrington (1765) in establishing a fundamental constitutional rule?
The judgment in Entick v Carrington (1765) established the fundamental constitutional rule that the state cannot exercise power unless that power is expressly authorized by law. In this case, the court held that agents of the King had no right under statute or precedent to issue a search warrant to search Entick’s property.
What is the impact of the Fixed-term Parliaments Act 2011 on the convention of a general election?
The Fixed-term Parliaments Act 2011 has impacted the convention of a general election. While traditionally a vote of no confidence by the House of Commons would lead to the government resigning and a general election being called, the Act introduced fixed terms for parliaments, making it necessary to follow specific procedures to trigger a general election.
What are the limits on the power of the executive branch in the UK?
The government can only act if it is expressly authorized, either by statute or common law, to do so. If the government acts in excess of its powers, the Administrative Court can intervene through the process of judicial review. Judicial review allows individuals or groups to challenge the government’s actions if they believe they are unlawful.
What are the conventions relating to the monarch’s role in the political system?
Conventions relating to the monarch include that the monarch acts in accordance with the advice given by their Ministers, the monarch will not exercise the strict legal right to refuse royal assent to bills passed through Parliament, and the monarch appoints as Prime Minister the leader of the political party able to command the confidence of the House of Commons.
What is the role of local government in the UK?
Local government oversees the implementation of central government policy at the local level. It is responsible for tasks such as collecting council tax, maintaining highways, building new housing, and applying local policies. The exercise of local government power is also subject to review by the Administrative Court.
What is collective ministerial responsibility and what are its components?
Collective ministerial responsibility (CMR) is a convention that governs how government ministers should behave and operate as a collective whole. It has three components: discussions between ministers should remain confidential, once a policy line has been reached by ministers, all ministers must stick to it and maintain a united front, and if a minister cannot adhere to the policy line due to conscience, they should resign.
