CONSTITUTION Flashcards
Define constitution
Rules and principles how a country is governed, defined how power is organised, how the government divides people
Define codified constitution
Based on a single document
Define entrenched
Constitution is hard to change - codified
Define higher law
Difficult law to change that undermines other laws (superior) - codified
Define quasi-federal
Like a federal system eg parliament passing power onto Scotland
Define devolution
Passing some power eg parliament devolves power onto Scottish parliament
Define sovereignty
Ultimate right to do something
Define legal sovereignty
Parliament having total power
What is the nature of the UK constitution
Uncodified, not entrenched and unitary
Define unitary
All legal sovereignty is held in a single place eg UK
Define federal
Power divided between a central government and other states eg USA
What are principles of the UK constitution
Twin pillars - parliamentary sovereignty and rule of law
Parliamentary sovereignty - makes the law, everyone follows
Rule of law - no one is above the law
Constitutional monarchy - monarchy limited in power (dignified part in constitution)
Parliamentary government - executive drawn from legislature
Sources of UK constitutional
- Statute law - law made by parliament, very important, overrides other laws eg HRA
- Common law - judge made law, laws based on precedent and tradition eg murder common law
- Conventions - non-legal established rules of conduct and behaviour eg individual ministerial responsibility
- Authoritative works - works written by scholars seen as experts in the constitution eg Bagehot’s The English Constitution
- Treaties - agreement you have with another country eg Treaty of Rome
What is the West Lothian Questions and EVEL
West Lothian question - imbalance between the voting rights in the House of Commons and Scotland, wales and Northern Ireland
EVEL - English votes for English laws (English MPs can’t vote on matters devolved to other parts of the UK whilst other parts can vote on English only matters)