Constitution Flashcards
Constitution
- Defines a states fundamental political principles.
- Establish the framework of the government of the state.
- Guarantee certain rights and freedoms to the citizens.
What is the difference between a written and a unwritten constitution?
A state with a written/codified constitution will have its constitution set out in a single document.
A state with an unwritten/uncodified constitution will be made up of a variety of different sources e.g. statutes and case law.
UK has an unwritten constitution.
What is the difference between a republican/monarchical state, and which one does the UK have?
Republican - usually has a president as its head of state, often elected.
Monarchial - unelected monarch as a head of state by virtue of their position within the royal family. Most of the monarchs powers are exercised by the government on their behalf.
UK has a monarchical constitution.
What is the difference between a federal and unitary constitution?
Which one does the UK have?
Federal - constitution will have a division of power between the central government and regional government.
Unitary - constitution will have a single sovereign legislative body, with power being concentrated at the centre.
UK has a unitary constitution.
What power does the parliament at Westminster hold?
They are the supreme law making body that gives power to other law making bodies within the UK.
What is the difference between a rigid and flexible constitution?
Which one does the UK have?
Rigid - most states with written constitutions tend to be rigid, and can only be changed by following a special procedure.
Flexible - a constitution that is easy to change because no special procedures are necessary for the constitution to be amended.
UK constitution is flexible because it is unwritten.
What are formal separation of powers?
A clear separation between the executive, legislative and the judicial branches of state.
What are the informal separation of powers?
Likely to have an overlap in terms of functions between the executive, legislative and judicial.
UK constitution has a largely informal separation of powers because there is no written constitution to separate the membership and functions of each branch of state.
What are the core constitutional principles?
(A) rule of law.
(B) separation of powers.
(C) sovereignty of Parliament.
Parliamentary sovereignty
The courts acknowledge that legislation enacted by parliament takes precedent over the common law.
What are the 4 sources of the UK constitution?
- Acts of parliament.
- Case law.
- Royal prerogative.
- Constitutional conventions - non legal rules that are not enforceable by the courts.
If a government wants to introduce a compensation scheme, how can they do this?
They can use prerogative powers but will need parliament to authorise expenditure.
