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Public Law > Constitution > Flashcards

Constitution Flashcards

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0
Q

What is constitutional law?

A

It is the basic rules which government follow

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1
Q

What is public law?

A

Law which regulates governments and their relationships with each other

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2
Q

What is the constitution main function?

A

To confer and regulate power

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3
Q

What are the two main types of constitution?

A

Codified and uncodified

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4
Q

What is a codified constitution?

A

It is a written historical document which defines the institution of government and allocates powers among these institutions

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5
Q

What is the most famous codified constitution?

A

The USA

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6
Q

What is an un codified constitution?

A

It is a unwritten constitution which is not legally entrenched and uses political practices and legal rules to allocate and regulate power

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7
Q

What is the most famous un codified constitution?

A

The UK

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8
Q

What source does statute come from?

A

Claim of rights 1689

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9
Q

What source does international treaties come from?

A

Treaties of union 1707/1800

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10
Q

What source does case law come from?

A

Rv Secretary of State for transport exp factor tame (No2) 1991 AC 603

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11
Q

What is constitutional conventions?

A

Unwritten political rules. The exist in all constitutions but play an important role in the UK constitution

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12
Q

I Jenning, The law and the constitution 5th den 1958 p81

A

“Conventions…provide the flesh which clothes the dry bones of the law”

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13
Q

Examples of constitutional conventions

A

The Sewel convention, the monarch (royal assent) and the prime ministers power to allocate cabinet members

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14
Q

Problems with conventions

A
  • when not followed has it been breached or changed?
  • the meaning of conventions is not always clear
  • the could be deliberately created
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15
Q

Advantages of uncodified constitution

A
  • flexible
  • embodies ‘practical wisdom’
  • allows successful management of potential constitutional conflicts
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16
Q

Disadvantages of uncodified constitution?

A
  • lacks accessibility
  • lacks certainty
  • easily manipulated due to governments considerable amount of power
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17
Q

Reasons for UK constitution becoming more legal and less political

A
  1. Increased codification-legal rules rather than unwritten conventions
  2. A stronger role for courts-greater legal regulation
  3. A more formal/explicit constitutional change (increasing use of referendums)
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18
Q

What are the two methods of distribution of power?

A

Horizontal and vertical

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19
Q

Horizontal distribution

A

The legislative, executive, judicial

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20
Q

Vertical distribution

A

Local government, region/sub state national government, government(UK), international governance

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21
Q

What is meant by territorial constitution?

A

It is a highly complex territorial distribution of powers

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22
Q

UK as unitary state

A

1973- legislative power was concentrated in UK parliament which has unlimited legislative power (sovereign)

23
Q

What are the two challenges for understanding the unitary of uk?

A

EU membership and devolution

24
Q

When did Britain join EU?

A

1976

25
Q

How many members of EU?

A

28 members

26
Q

What is intergovernmental?

A

It is a forum for a cooperation between sovereign governments in pursuit of and to be extent compatible with their nation interests, primarily with common market

27
Q

Where does authority come from in intergovernmental?

A

Authority derives from treaties and council mister is key legislative body

28
Q

What is supranational government?

A

It is an adoption sovereignty in pursuit of common European interests, it is an economic and political union

29
Q

The UK as a union state

A

It has asymmetrical governance arrangements

30
Q

Why is devolution introduced to UK as a union state?

A

Introduced to address distinct constitutional concerns and develops according to different constitutional logic

31
Q

UK as a quasi federal state

A

Uk cannot legislate in devolved areas without consent of devolved legislature. Courts police boundaries in legal competence for devolved institutions

32
Q

What are the principles of constitutionalism?

A 
Democracy
Accountability
Separation of powers
Rule of law
Individual livery and rights
33
Q

Democracy

A

Means government is rules by the people

34
Q

Representative democracy

A

Governors are chosen by and accountable to the governed

35
Q

Participatory government

A

Direct popular involvement in the business of government

36
Q

Issues of democracy & uk constitution

A

How often are election held?
Who can stand for elections and how they selected?
Who has right to vote?

37
Q

why are UK parliament under challenge from representing the people?

A

Loss of trust in politicians, growth in direct democracy (participation rights, Public petition and constitutional referendums)

38
Q

Accountability

A

It is an obligation to give and account for and justify actions/decisions and take responsibility did actions/decisions

39
Q

Accountability may be…

A

Financial
Legal
Political

40
Q

Accountability and UK constitution

A

Collective ministerial responsibility
Individual ministerial responsibility
Parliament controls the ‘power of the purse’

41
Q

“Accountability revolution”

A

Rise of judicial review
Proliferation of me firms of accountability
Increased transparency
Responsibility to weakness in parliamentary accountability

42
Q

Accountability - separation of powers

A

Institutions, personnel, functions

43
Q

Separation of powers and UK constitution- executive and legislature

A

“Efficient secret” or “elective dictatorship”

44
Q

Separation of powers and UK constitution- judiciary

A

Strong recognition of principle of judicial independence since 18th century (constitutional reform act 2005)

45
Q

Separation of powers and uk constitution- no complete separation if functions

A

Delegated legislation
Judicial development of the common law
Parliament privilege

46
Q

Rule if law

A

The rule of law as a principle of limited government

“A government of law and not of men” (John Adams 1780)

47
Q

Conceptions of rule of law

A

Formal conception
Procedural conception
Substantive conception

48
Q

Rule of law- formal conception

A

Government officials must be able to show lawful authority for their actions. Sovereignty of parliament may clothe any government action with any form of law

49
Q

Rule of law- procedural conceptions

A 
In order for law to have power it needs certain qualities: 
Generality
Publicity
Prospectively 
Clarity
Consistency 
Constancy 
Performability 
Enforceability
50
Q

Rule of law- substantive conceptions

A

Rule if aw as a political ideology associated with liberal ideas if limited government:
Not discretionary powers
Equality before law
Protection of fundamental rights

51
Q

Individual liberty and fundamental rights

A

Protection of fundamental rights is the key role for modern constitution

52
Q

What are fundamental rights!

A

Civil and political rights
Economic and social rights
Group rights

53
Q

Fundamental rights and uk constitution- traditional approach

A

Rights and liberties are not legally entrenched no protection on unpopular minorities against majorities

54
Q

Fundamental rights and uk constitution- positive protection for fundamental rights

A

European convention on human rights 1950
Ratified by UK 1951
Rights of individual petition to European court of human rights 1966

55
Q

Fundamental rights and uk constitution- domestic incorporation of ECHR

A

Human rights act (1998)
S.3- interpretive obligation
S.4- declaration of incompatibility
S.6- duty of public authorities to comply with convention rights

Public Law (1 decks)

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