Constitution of the UK Flashcards
Why is the executive interchangeably referred to as ‘the Crown?’
The activities of GOV are still carried out in the name of the monarch
What are the remaining powers of the monarch?
Limited by constitutional convention
- Appointing the PM
- Dissolving PARL in some circumstances
- Giving Royal Assent to Acts of PARL
Law-making power of PARL described as being vested in the ‘King-in-Parliament’
What is a constitution?
Set of rules which directly/indirectly affects distribution and exercise of sovereign power in the state
What is the role of each organisation of the state?
- Legislature - enacts, repeals, amends law
- Executive - formulate and implement policy
- Judiciary - enforcement of law
Is the UK’s constitution unwritten?
Technically yes - but better described as uncodified
Where do constitutional rules come from?
Legislation, case law, and conventions
What makes a statute a constitutional statute?
One which conditions the legal relationship between citizen and state and enlarges/diminishes scope of fundamental constitutional rights
Magna Carta, Bill of Rights, HRA
Where did the fundamental constitutional rule that the state cannot exercise power unless it is expressly authorised by law come from?
Case law (specifically Entick v Carrington)
What are constitutional conventions?
Rules about conduct of GOV that fall short of being enforceable laws but are still agreed upon and should be respected
Policy practice, developed in evolutionary way, without clear source
E.g. King will not refuse to give Royal Assent
What are the broad principles of constitutionalism?
- GOV power should be exercised within legal limits
- Power is dispersed between organisations of the state (and not concentrated)
- The government is accountable to the people
- The fundamental rights/freedoms of citizens are protected
Is the sovereign included in PARL?
Yes - as ‘The Sovereign (‘King-in-Parliament)’
Two houses sit under and within the sybolic power of the King
What are the key functions of PARL?
- Debate/scrutinise proposed legislation
- Propose amendments to legislation
- Hold EXEC to account
- Scrutinise expenditure/taxation
Can HOL make decisions on public finances?
No - HOC alone responsible for making decisions on public finances
Changes in tax law, intro to new taxeds
What do ‘Government defeats’ in HOL result in?
Amendments to legislation by GOV rather than wholesale defeat
What is the basic structure of the executive?
- Prime Minister and Cabinet (Secs of State)
- GOV depts (politically independent civil servants)
Where do GOV depts derive their powers from?
- Statute (mostly)
- Powers recognised in common law (including from royal prerogative)
Why is the delegation of power necessary?
Powers granted by PARL to minister should be exercised by that minister - but size of modern GOV means administrative efficiency requires delegation
Who is responsible when minister delegates power granted to them?
The minister (even though exercised by government official [civil servant] working in same dept)
Minister is politically responsible
Delegation is not unlawful
What happens when a GOV acts in excess of powers it has through legislation/common law?
If a claim is started by an individual/group, the Administrative Court will intervene
Judicial review
What is local government responsible for?
Implementation of central GOV policies at local level (council tax, highway maintenance, building new houses)
Also reviewable by Administrative Court
What is the role of the judiciary?
- Determine outcome of legal disputes
- Decide appropriate punishments in criminal cases
- Determine whether GOV has lawfully exercised powers
What changes did the Constitutional Reform Act 2005 bring in?
- Reform of office of the Lord Chancellor
- Establishment of SC as highest appeal court
- Creation of Judicial Appointments Commission (appointment of judges)
Is there a separate and special constitutional court in the UK?
No - questions of constitutional law decided in the ‘ordinary’ courts i.e. Supreme Court
Why is the SC the ‘guardian of the constitution’?
- Rule on validity of laws passed by devolved legislatures
- Restrict GOV to exercise of powers within PARL-set limits
- Protect fundamental rights of individuals
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How do constitutional conventions arise?
Naturally over the course of time
Means can adapt with time as prevailing standards change/develop
What are the functions of conventions?
- Underpin operation of the Cabinet (responsibility, conduct)
- Regulate relations between HOL/HOC, Exec/Mon, judiciary/orgs
What are the conventions relating to the legislature?
- HOL to defer to HOC
- Salisbury-Addison convention
- Financial bills only introduced by Cabinet minister
- Sewel Convention
- HOC should be consulted before GOV embarks on major foreign policy initiatives involving armed forces
What are the Salisbury and Sewel Conventions?
- Salisbury convention = HOL should not reject at 2nd reading any GOV legislation passed by HOC which carries out manifesto commitment
- Sewel convention = Westminster will not legislate re devolved matters without devolved administration’s consent
What are the conventions relating to the EXEC?
1/2 monarch
- Monarch acts in accordance with advice given by Ministers
- Monarch will not exercise strict legal right to refuse royal assent
- Monarch appoints PM as leader of political party which commands confidence of HOC
- Monarch should be asked for consent re proposed legislation affecting monarchy
What are the conventions relating to the EXEC?
2/2
- PM chooses cabinet ministers
- PM and Chanc of Ech should be MPs
- Vote of no confidence means GOV has to resign and general election held
What must ministers be by convention?
Members of either HOC or HOL
What is collective ministerial responsibility?
- Discussions between ministers (in cabinet) should remain confidential
- Ministers must stick to agreed policy line; united front (otherwise resign)
United front means PARL has confidence in GOV
Will pass vote of no confidence if lack of CMR
What is individual ministerial responsibility?
Minister ought to resign if there has been significant policy failing
Subject to considerations
What are the considerations re individual ministerial responsibility?
- Degree to which minister was personally aware of/involved in/responsible for failing
- Whether failing was operational (fault of GOV official) or policy (fault of minister)
What is the Ministerial Code?
Written document codifying certain standards of conduct of ministers
Not enforceable but is soft law
What are the conventions relating to the judiciary?
- Judges must not be politically active
- Parliament must not criticise professional conduct of judges
Are conventions recognised in law?
No - but courts will recognise and protect conventions where appropriate
Law prevails over conflict with convention
