Constitution Flashcards
What constitution does the UK have?
Unwritten constitution
What is a constitution?
It is a set of values, laws and customs that are shared and recognised by a nation’s citizens.
Upheld and enforced by parliament/court/civic bodies.
Written or Unwritten.
What is an unwritten constitution?
It means that the UK does not have a codified framework of the rights, values and responsibilities that come with membership of a state.
What are the key principles of the UK constitution?
- Separation of Power - the executive, the legislature and the judiciary act as a check and balance on each other.
- Parliamentary Sovereignty - refers to the fact that Parliament is the supreme legal authority in the UK (above Crown and Monarch)
- The Supreme Court - the final and highest UK court and the final say in all legal disputes
What are the 5 components of the British constitution?
- Statute - individual laws
- Common Law
- Conventions
- Treatises - historical works of legal/constitutional authority.
- Treaties - EU and other international agreements (not for much longer)
What is the rule of law?
Anyone accused of a crime has a right to free and fair trial by their peers, no-one is above the law, including Sovereign/Monarch.
What is the ECHR?
The 1950 European Convention on Human Rights - Britain one of the first to sign - written into UK law in the form of the Human Rights Act of 1999.