constitution Flashcards
what is the constitution
a set of rules determining where sovereignty lies in a political system, and establishing the relationship between the government and the governed
what is uncodified
a constitution not contained in a single written document
what is unentrenched
a constitution with no special procedure for amendment
what is unitary (federal)
a political system where all legal sovereignty is contained in a single place
what is devolution
the dispersal of power, but not sovereignty, within a political system
what are treaties
formal agreements with other countries, usually ratified in parliament
what is statute law
laws passed by parliament
what is common law
law made by judges where the law does not cover this issue or is unclear
what is parliamentary sovereignty
the principle that parliament can make, amend or unmake any law, and cannot bind it’s successors or be bound by it’s predecessors
what are authorities works
works written by experts describing how a political system is run, they are not legally binging but are taken as significant guides
what are conventions
traditios not contained in law but influential in the operation of a political system
what is the rule of law
the principle that all people and bodies, including government, must follow the law and can be held to account if they do not
what are the functions of the constitution
provide legitimacy, protect freedom, encourage government stability
what’s the difference between a codified and uncodified constitution
codified all in one document (U.S.) Uncodified constitution is written down but not all in a single document (u.k.)
what’s the difference between a flexible and rigid constitution
flexible(as used in Britain) allow legislature to change the constitution simply through a majority of votes in parliament. rigid in these the process for amending the constitution is made more difficult to ensure that changes don’t take place without due consideration and debate
What’s the difference between unitary and federal systems
unitary systems all power is concentrated in central government (Britain) federal system power divided between central government and reginal units (America)
what is the royal prerogative
power oft he monarch to overrule PM only used in emergencies
what is the European Union Withdrawal Act (2018)
an Act that repealed the European Communities Act as the UK had started the process to withdraw from the EU. The UK formally left on 31st Dec 2020.
what is the European Communities Act (1972)
is an Act of the Parliament of the United Kingdom which legislated for the accession of the United Kingdom to the European Union and also legislated for the incorporation of European Union law into the domestic law of the United Kingdom and established the supremacy of this law over British law.
name examples of common law
murder, R Vs R- made marital rape illegal
why is common law significant
Updates the constitution with modern societal attitudes.
Allows for updates when Parliament has not legislated on an area
why is statue law significant
Most significant source because of Parliamentary sovereignty – statute’s take precedence over all other laws.
why are conventions significant
Political significance of defying conventions is vast.
Gov could be punished by the electorate and may bring a constitutional crisis
Open to abuse during elective dictatorships – Johnson unlawfully prorogued parliament (asked the Queen to end the parliamentary session early) to prevent
name examples of statute law
Scotland Act 1998 established the Scottish Parliament
Human Rights Act 1998 codified ECHR into law
House of Lords Act reduced number of hereditary peers
Constitutional Reform Act 2005 – independent judiciary
European Union withdrawal Act 2018
Elections Act 2022
