Constitution definitions

Question 1

define constitution

Answer 1

body of laws, rules and practices that set how a state or society is organised
= establishes relationship between state and citizens
= places limits on the exercise of power, and sets out the rights and duties of citizens
= eg spanish constitution of 1973 vs constitution of 1791

Question 2

define bill of rights

Answer 2

authoritative statement of the rights of citizens usually part of the codified constitution
= protect basic rights of citizens
= eg US bill of rights in 1791, human rights act 1998

Question 3

define limited government

Answer 3

system where powers of gov subject to legal constraints
= checks and balances limits any danger of overmighty gov and citizens rights protected from arbitrary state of power
= eg US gov restricted to exercising specifically named powers the constitution assigns to it

Question 4

define codified constitution

Answer 4

single authoritative document that set out laws, rules and principles where state governed and protects rights of citizens
= all fundamental rules in one document
= eg US constitution

Question 5

define uncodified constitution

Answer 5

laws, rules and principles of how state is run not in single document
= found in different sources like common law, stature law or other historical documents
= eg UK constitution found in common law, historical documents like 1215 Magna Carta

Question 6

define fundamental law

Answer 6

constitutional law set above regular stature in terms of status and given degree of protection against regular laws passed
= given job of holding other key players
= eg the constitution is a fundamental law

Question 7

define entrenched

Answer 7

difficult to change often requiring supremacy
= provision to make certain amendments more/less difficult to pass
= require supermajority or a referendum
= eg 1958 constitution of french flyth republic been amended 17 times in 50 years= only 17 amendments

Question 8

define statute law

Answer 8

laws derived from acts of parliament, subordinate legislation, implemented by executive and enforced by courts
= laws cover a wide range of areas, addressing various social, economic, and political issues and concerns
= eg Great Reform Act 1832= extended the franchise, Scotland Act 1998= created scottish parliament fixed term, Parliament Act 2011

Question 9

define common law

Answer 9

body of unwritten laws based on legal precedents established by the courts
= draws from institutionalized opinions and interpretations from judicial authorities and public juries
= forms legal precedent that serves to guide both lower courts and future law makers
= eg the powers contained in the Royal Prerogative (which are now exercised by the Prime Minister)

Question 10

define royal prerogative

Answer 10

powers held by monarch or ov ministers that may be used wo consent of Common or Lords
= contain rights to appoint ministers and choose PM, declare war however these powers have been reduced= enhancing role of parliament

Question 11

define conventions

Answer 11

principles of behaviour which are not legally enforceable, but form part of the constitution by being enforced on a political, professional or personal level
= eg PM has final say on deploying troops

Question 12

define authoritative works

Answer 12

handful of established legal and political texts with no formal legal status= have persuasive authority
= eg Walter Bagehot’s- the english constitution 1867 sets out cabinets roles and PMs role= was a debate after Iraq war in 2003

Question 13

define international law and treaties

Answer 13

until 2020 UK was subject to EU laws under the treaty of Reme
= EU laws and regulations had influence over UK gov
= eg retained EU law act 2023= act gives ministers and devolved authorities powers to change law accumulated during UK’s EU membership