Constitution Flashcards
What is the constitution?
A body of fundamental principles underpinning the governance of state and outlining the rights and responsibilities that apply to it’s citizens.
What are the two types of constitutions?
A written or ‘ridged’ constitution enshrined in one single document (USA or France)
A unwritten or flexible constitution, formed from multiple sources and evolves e.g the UK.
Expand on the unwritten (flexible) constitution the UK has?
Whilst some countries have a written constitution like the USA enshrined to one single document, the UK has an unwritten constitution is which made up of multiple sources and has been evolving ever since William the conquerer.
The written sources within the constitution include:
Acts of parliament- there is no single documents outlining subjects rights and responsibilities.
Additions and amendments to laws can be made and can be done frequently- this is why it is can be seen as flexible.
Compare a unwritten and written constitution (advantages and disadvantages)
Written- stronger public awareness of what it says, stronger safeguarding against constitutional change, clear.
Cons- difficult to change and adapt when needed.
Unwritten pros- easier to adapt and change
Unwritten weaknesses- less public awareness of what it says, can lack clarity and be confusing and potential room for power abuse.
What makes up the constitution
Statute: acts of parliament or individual laws
Common law: case law or precedents- an evolving body of law set out by judges case by case.
Conventions: long standing practices and traditions- practices and traditions which have arisen over centuries to become accepted principles by the government-collective responsibility
Treateties: Historical works of legal and or constitutional authority.
Treaties: EU and international agreements.
What do i understand by the seperation of powers?
- Executive (the government) led by the Cabinet and PM
- Legislature (Parliament) parliament, two chambers, and the King
- Judiciary (Courts) judges who interpret and enforce the law, determining how to apply Acts of Parliament
There are overlaps between branches – for example members of the Cabinet also participate in Parliament.
What is the difference between presidential government and parliamentary government ?
Presidential governments means the separation is more practised whereas parliamentary government, there is overlap e.g the pm is an mp
What is the supreme court?
The Supreme Court is the highest court in the land. It hears appeals on arguable points of law of general public importance and concentrates on cases that are of the greatest public and constitutional importance.
What is the The European Court of Human Rights?
an international court based in Strasbourg and it applies the European Convention on Human Rights (ECHR).
what does the human rights act mean for uk courts?
In the UK the Human Rights Act requires UK courts to “take account” of the decisions of the European Court of Human Rights, but they are not required to always follow the decisions of that court
