Constitution and Judiciary Key Terms Flashcards
Constitution
A body of fundamental principles according to which a state or other organisation is acknowledged to be governed
Federal
Having or relating to a system of government in which several states form a unity but remain independent in internal affairs
Unitary
A sovereign state governed as a single entity. The central government is supreme, and the administrative division exercise only powers that the central government has delegated to them
Rigid Constituion
A Constitution in which laws, civil rights and responsibilities are very different to change.
Flexible Constitution
A Constitution in which laws, civil rights and responsibilities can change to meet the needs of the country
Bill of Rights
A formal declaration of the legal and civil rights of the citizens of any state/country/federation etc.
Codified constitution
A constitution written in one single document, often following a civil war or revolution
Uncodified constitution
A constitution which is not written in one single document
Written constitution
An informal term used to describe codified constitutions
Unwritten constitution
A informal term used to describe uncodified constitutions, but the term gives a false impression that it is not written down. Instead uncodified constitutions are written down in many different sources.
Executive
The Prime Minister and his/her Cabinet, the main decision making body, comprised of the party with the overall majority (or two parties in a coalition)
Legislature
The term given to MPs in Parliament who vote in favour or against laws. The law-making body in the UK.
Separation of powers
In the USA the executive and legislative groups are differet/separated
Fusion of powers
In the UK the executive members are also legislative members, allowing a ‘fusion’ of the decision making and law making process
Parliamentary sovereignty
The absolute and unlimited authority of Parliament which can, in theory, make, repeal, or amend any law
Rule of law
The restriction of the arbitary exercise of power by subordinating it to well-defined and established laws
Royal prerogative
The right of the sovereign, which in British law is theoretically subject to no restriction
Conventions
A way in which something is usually done, an agreement between groups covering particular matters, especially one less formal than a treaty
Common law
Rules evolved over time
Elective dictatorship
Executive power is increased and parliament power is decreased
Royal assent
When the queen signs with royal approval
Factortame case
Parliamentary sovereignty challenged by EU law
Quango
Publicly funded bodies operate away from government
Charter 88
Pressure group for reform
Judiciary
Interprets and applies law
Human rights act 1998
Most significant constitutional reform instated
Constitutional Reform Act 2005
Separated judiciary from the other two branches of government
The Supreme Court
Final court of appeal
Judicial Appointments Commission
Panel of lawyers who appoint law lords, independent from politics
Secretary of State for Justice and Lord Chancellor
Appointed by the Queen (advised by PM), ensures judiciary and Parliament remain separate
Lord Chief Justice
Overall head of the judiciary
Judicial Independence
When the judiciary are completely separate from the executive and legislative
The Bar
Lawyers who are qualified as barristers belong to it
Judicial activism
When judges make sure legislatures aren’t being unconstitutional
Kilmuir guidelines
Restrict freedom of judges to speak out
Judicial neutrality
Ensuring that the judiciary is free from bias
Judicial review
Power of courts to overturn unconstitutional laws
Politicisation of the judiciary
Ensuring the judiciary has no links/ties with legislature etc.
The European Convention
Setting out of the Human Rights Act
The European Court of Human Rights
Influencial in setting out perimeters of HRA 1998
Judicial precedent
Act of a judge setting a precedent in legal cases in the absence of a single applicable law
Constitution
Rules by which a country is governed
