Constitution Flashcards
What is a constitution?
It outlines the rights, values and responsibilities of citizens and the state and the relationship between the two.
What is a written constitution and why is it installed?
The values are summarised into a single document and it happens in countries that have experienced rapid change through war, invasion or revolution.
What is the British constitution?
In the UK there is no single document but rather several sources that contribute to the British constitution. It is referred to as an unwritten constitution.
What is the British constitution made up of?
Statute, Common law, conventions, Treatises, treaties
What is the Statute?
Acts of parliament
What is common law?
Judge made or case law
What are the conventions?
Customs and traditions
What are treatises?
Authoritative books on constitutional law
What are treaties?
EU and other international agreements
What did the Magna Carta in 1215 establish?
It established for the first time the principle that everyone including the king was subject to the law. It is seen as the cornerstone of the British constitution. It established that all freemen were entitled to the right to free justice and a free trial. For the first time, it has some protection for individuals against the arbitrary authority of despot.
What did the 1689 bill fo rights establish?
The doctrine of parliamentary sovereignty (as opposed to royal) this means the monarch can only rule through parliment. It fundementally shifted the power balance away from the monachy.
What was the human rights act of 1998?
It incorperated the european convention on human rights.
Why has there been clashes between parliment and the ECHR?
Over the most recent UKs blanket ban on allowing prisoners to vote , which the ECHR has ruled contravenes the convention.
what did the 18th Century French philosopher Baron de Montesquieu recommended?
A tripartite seperation of power - the excutive, the legislate and the judiciary - to stop the state becoming too powerful and to protect the rule of law form goverment inference.
In the UK there is some overlap for example members of teh executive (government ministers) are also members of the ligislature that is the house of commons.
In the UK the executive consists of?
The prime minister, and the cabinet (most of these are also MPs so form part of legislature.)
