Constitution 2 Flashcards
What is an uncodified constitution?
Where the rules and laws ect are not written in one place and are instead found in many different sources
What are the sources of the British constitution?
Statute law Common low Works of authority Conventions European law
What is statute law?
Law made by parliament in the legislative process.
Most important because of sovereignty
Human rights act 1998
What is common law?
Law developed and applied by courts
However the human rights act has decreased need for this.
The royal prerogative/ powers eg appointment of ministers
What are conventions?
Rules or norms which are given authority due to long usage.
The queen must assent to acts of parliament.
What are authoritative works?
Established legal and political texts. Only persuasive authority no legal
Walter Bagehot’s the English constitution
What are the 4 basic principles of the British constitution?
Parliamentary sovereignty
The rule of law
The unitary state
What are the rules around parliamentary sovereignty?
Can make a law on what ever they want
Cannot be over turned by anyone but the government
No parliament can bind their successors
What is meant by the rule of law?
A system where the relationship between the state and the individual is governed by laws, which protect the individual from unfair state action.
What is the constitution?
The rules, laws and practices and the relationship between different institutions.
The framework of the political system
Relationship between citizens and state
What are the characteristics of a codified constitution?
One single authoritative document
High status- above all law
Entrenched so hard to change
Courts use it to determine wether things are constitutional
What are characteristics of a uncodified constitution?
Found in a number of sources written and unwritten
Same status as ordinary law
Can be changed as not entrenched
Judicial review is limited
What is the Bill of rights?
The authoritative statement of rights to citizens- normally in codified
What is fundamental law?
Law from decisions in court cases
What is judicial review?
The power of judges to review government actions and public authorities
What are civil liberties?
Fundamental rights and freedoms
What is the judiciary?
The branch of government responsible for interpreting law and deciding on legal disputes
What is the executive?
Responsible for implementing policy
What is the legislature?
The branch responsible for making laws
What are the 5 constraints on parliamentary sovereignty?
Executive power EU membership Human rights act Devolution Referendums
Why is executive power a limitation of parliamentary sovereignty?
Because the government are expected to act on their manifesto and cannot completely act against the people
What case shows how eu law has precedence over statute law?
Factortame case 1990
What are some if the strengths of having a traditional constitution?
Flexibility
Evolution- changes over time
Strong Government
Accountability
What are the weaknesses of having a traditional constitution?
Lacks clarity- interpretations
Concentration of power
Outdated and undemocratic
What reforms were brought in under the labour government?
Human rights act
House of Lords act 1999
Devolution- Scottish parliament
The constitutional reform act 2005- separation
Argument for having a codified constitution:
Logical with new constitutional reforms Greater clarity Reference points for courts Protection of citizen rights Would help citizens to understand the system
Reason against having a codified constitution?
No agreed process on how to make it No consensus of what it should include Difficult to amend Give judges political power No great popular demand
