Constitution Definitions Flashcards
Constitution
The rules that govern a government. The rules may be written (laws) or unwritten (customs or conventions). Constitutions vary from country to country, and no constitution is entirely written or unwritten due to legal precedent
The state
The collective name for the institutions which administer the country. Normally these are permanent and non-political, like the civil service, police, military. They can also be political and temporary, like MPs, Mayor of London etc
Codified
A single written authoritative legal document which is the highest law in the land
Uncodified
Not codified, not the highest law in the land, it may have some aspects that are written down, some aspects may be conventions and customs, that have evolved over time like the UK general election always being on a Thursday
Unitary constitution
One unified state under one central government
Federal constitution
An association of states with their own state government
Rigid constitution
A constitution which is hard to change, like the US Constitution
Flexible constitution
A constitution which is easy to change, like the UK
Absolute Monarchy
A state in which the monarch has sovereignty and rules alone
Constitutional Monarchy
A state in which the monarch rules, but agrees to abide by the rule of law and to certain limits on their power
Parliamentary Democracy / Parliamentary Government
A system in which Parliament is sovereign, and government comes from Parliament, government governs and not the monarch
Extradition
The act of handing a person over to the judiciary of their legal origin because of a crime they have committed under a foreign judiciary
Unentrenched
A constitution with no special procedure for amendment
Unitary (federal)
A political system where all legal sovereignty is contained in a single place
Parliamentary sovereignty
The principle that Parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors
The rule of law
The principle that all people and bodies, including government, must follow the law and can be held to account if they do not
Statute law
Laws passed by Parliament
Common law
Laws made by judges where the law does not cover the issue or is unclear
Conventions
Traditions not contained in law but influential in the operation of a political system
Authoritative works
Works written by experts describing how a political system is run; they are not legally binding but are taken as significant guidelines
Treaties
Formal agreements with other countries, usually ratified by Parliament
Devolution
The dispersal of power, but not sovereignty, within a political system
Liberal democracy
A modern democracy under which the personal rights and liberties of citizens are codified, laws or legislation are enshrined, religious and political tolerance is exercised, the governments’ power is limited by constitutional laws, and the judiciary, legislature and executive are separate, everyone is equal and has the right to a fair trial
Judicial review
How case law is created, it is the process in senior courts where judges have to interpret, re-interpret or clarify constitutional rules
Modernisation
Progressive change of a system of government in keeping with or catching up to social or cultural changes amongst the demographic/electorate