Constitution and Convention Flashcards
How does any EU law have force in the UK?
Because an act of parliament allows it to do so, but any subsequent acts may alter it
How are UK government powers separated?
The legislative (law making) and executive (prime minister, law applying) are mixed
The judiciary are separate and maintain their independence from Parliament
Much of the UK constitution is not law but is made up of conventions. What are these?
Conventions are the non-legal rules of the constitution - understandings, habits, and practices - and fill the gaps not covered by Acts of Parliament or cases
The Constitution of the UK is not found in one constitutional document, but in various sources, what are the sources?
- Acts of Parliament
- Caselaw
- The Royal prerogative
- historical documents
- The law and custom of Parliament
- EU law
What are the three principles of the rule of law?
- All government actions should be authorised by the law
- There should be equality before the law
- The court would protect individual liberty
What is a constitution?
The system of government and the collection of rules that establish and regulate it
What is a federal constitution?
The system of government in which the authority to govern is divided between central government and regions, provinces or states, such as the USA
What is a unitary constitution?
Where the ultimate sovereign power is retained by the central government, such as the UK
What is a written (or codified) constitution?
A document which has special legal status that sets out the system of government and the collection of rules that establish and regulate it
What is Parliamentary sovereignty?
Parliament is the supreme legal authority in the UK that can create or end any law. The courts can’t overrule its legislation, and no Parliament can pass laws that future Parliaments can’t change
What is the constitutional reform act 2005?
The act established the Supreme Court that provided for separation of powers in the UK constitution
What is the purpose of a constitution?
It grants legitimacy to the system of government
What is the Royal prerogative?
When the monarch retains legal powers to enable him to rule the country. Nowadays, the prime minister and government exercise these powers in the monarchs name.
What is the rule of law?
The theory that even the government of a country must obey the law
What is the separation of powers?
When the main functions of government are separated so that no one person or body can hold all the powers
What is the three stage test for identifying the existence of a convention?
- Has the situation occurred before and what happened?
- Did the people involved to think that there was a rule that compelled them to act that way?
- Does this rule fit in with the rest of the constitution?
What two main historical sources are of importance for the constitution?
Magna Carta 1215
The Bill of Rights 1689
Why does the UK have an unwritten constitution?
Because historically, the UK has not had a revolution or gained independence in modern times
Why is R (Miller) v the secretary of state for exiting the EU considered a constitutionally important court decision?
Because the Supreme Court concluded that UK Parliament is sovereign
Why is the Bill of Rights important?
It established that Parliament was the supreme authority, not the monarch
Why is the Magna Carta important?
It can be regarded as the ancestor of written constitutions
