Constitution Flashcards
What is a constitution?
A constitution is a set of rules for how a government or governing body will be ran.
What type of constitution does the UK have?
Uncodified. Our constitution is uncodified and is drawn from a series of different documents which all dictate how our government functions.
What are the three main sources of the UK constitution?
Statute law, common law and conventions.
Explain how statute law builds the UK constitution.
Statute law is the fundamental law of the UK because of parliamentary sovereignty. Parliament passes acts of parliament, and any act of parliament that dictates how the political system is managed forms part of our constitution.
What are some examples of Statute law in our constitution?
-Act of Scotland, Wales and Northern Ireland 1998 which put devolution into place
-Parliament act 1911, which determined the roles of both the Hosue of Commons and the House of Lords.
How does common law form some of our constitution?
Common law is precedent set by judges to make decisions on where statute law isnt clear. Any decision made by the judiciary system goes into the constitution via common law.
What is an example of common law?
It was common law which decided the powers contained in the royal prerogative (which are now carried out by the Prime Minister)
How do constitutional conventions form part of constitution?
These are unwritten practices which are widely accepted and affect the way the government functions.
What is an example of a constitutional convention?
After a general election, the monarch invites the leader of the largest single party to form a government (become prime minister). This example highlights how important conventions are to the slick running of the UK government.
Where is the US constitution sourced from?
It is codified so only the one document and it’s 27 amendments.
Could it be stated that the US constitution has multiple sources?
Yes, as there are other things which influence how the government of the USA works. For example, when it comes to recess appointments, Obama tried to extend the power of the president by using recess appointments on Saturdays, which was deemed unconstitutional by the Supreme Court. The SC and their power of judicial review can deem things which aren’t necessarily in the constitution unconstitutional, therefore having influence over the functions of government.
What are the differences on separation of powers in the UK and US constitutions?
-Both have three branches of government to prevent tyranny, however this is for different reasons.
-In the UK, there is less separation of powers as the Prime Minister and Cabinet Ministers also hold legislative seat
-In America, you cannot hold more than one office.
Where is it enshrined in the US constitution that you cannot hold more than one position in government?
Article 1, section 6.
Where is there an example of separation of powers in force in the US constitution?
Obama in 2008. He had to resign as a senator in order to become president (legislative - executive)
