constitution and conventions Flashcards
how has the uk constitution evolved?
from centuries of political change without special procedure
is the uk constitution entrenched or codified?
no
what are the functions of the state
the legislature - enacts new law, repeals or amends new law
the executive - bodies which formulate ad implement policy within the law
the judiciary - body of judges
what do constitutional rules come from - with case examples
legislation - thoburn v sunderland city council
case law - entrick v carrington
conventions
what is the purpose of constitutional conventions
to promote constitutional standards or rules which may not be written or codified
what conventions relate to each function of the state?
legislature - HOL must defer to the HOC
executive - monarch follows the advice of his ministers
judiciary - judges must not be politically active
what does the cabinet manual say about CCs
set of rules which are regarded as binding in operation but not in law
sets out how the executive should operate
why are conventions useful
flexible way of filling in gaps and developing constitutional rules informally
what does the uk constitution say about P
P is the supreme legislative body, they can make or unmake any law
difference between HOC and HOL
HOC = elected HOL = peerage (appointed or inherited)
2 types of parliamentary committees
select - permanent, investigate work of individual gov departments
pubic bill - appointed to debate and amend proposals for new leg
what did the CRA 2005 do
HOL judicial function was separated from P
marked the end of dual roles for lord chancellors
what is the power of state
3 parts of gov
1. executive
2. legislature
3. judiciary
who leads the sections of P
senior politician / SOS
ministers within each department
basic structure of the executive
monarch
PM and cabinet
gov departments
what is each gov department for
cabinet office - national emergencies and constitutional reform
foreign office
home office - security and policing
ministry of justice - courts, tribunals, prisons, probations
treasury - economic policy, public spending
where are the powers of gov derived from
statute or common law
what is the constitutional role of the judiciary
interpret the will of P expressed in leg, interpret and apply case law
who is the head of the judiciary and since when
lord cheif justice since CRA 2005
2 key constitutional rules for judiciary
complete impartiality
administration of justice in accordance with the law
what is the concept of justiciability
relates to the self-limiting acknowledgment by the judiciary that purely political matters may be beyond their jurisdiction
key changes from the CRA 2005
established a SC
reformed the office of the lord chancellor
created judicial appointments commission
3 devolved administrations
wales
NI
scotland
what are reserved matters
areas of gov over which decisions are still taken by P in Westminster despite taking effect in devolved administrations
what is devolution
grant by the uk P of legislative powers to the devolved legislatures and administrations
what are devolved matters
areas of gov where decision making has been delegated to devolved administrations
how has the monarchy evolved
from an absolute monarchy to a constitutional monarch
what is the royal prerogative
powers given to the monarch which have been in place since the absolute monarchy
powers which are exercised by the M on advice from the PM
summoning or proroguing P
appoint or dismiss ministers
mobilise the armed forces
declaration of war
negotiating treaties
miller v the PM
queen prorogued for 5 weeks on PMs advice
SC found this unlawful - effected democracy.
illustrated the monarch acts on advice from the PM, but is still challengeable in court
carltona principle
actions of gov departments are synonymous with the actions of the minister in charge
what is the local gov responsible for
implementation of central gov policies across the local level
e.g. collection of council tax
