Constitution of UK Flashcards
What is the function of the legislature?
To enact new law and repeal and amend existing law
Who carries out the functions of the legislature?
The King in Parliament - in practice the House of Commons and Lords with the King granting royal assent
What is the function of the executive?
Formulating and implementing policy
Who makes up the executive?
The Prime Minister and Cabinets
Various Government departments (ministries)
Politically neutral civil service
Bodies carrying out government functions at local levels such as city, county and district councils
What function is carried out by the judiciary?
Responsible for the enforcement of criminal and civil law and the adjudication of disputes between individuals as well as between individuals and the state
What are constitutional conventions?
Rules about the conduct of government which fall short of being enforceable laws but are still agreed upon and should be respected.
What are the three broad principles of constitutionalism?
- exercise of government power must be within legal limits and government must be accountable in law
- power is dispersed between the organisations of the state, so power does not become concentrated in one body
- the government is accountable to the people
- the fundamental rights and freedoms of citizens are protected
What are the key functions of the UK Parliament?
- debate and scrutinise proposed legislation
- propose amendments to legislation
- extract information from the executive and hold it to account on its policies and actions
- scrutinise public expenditure and taxation
What House of Parliament is alone responsible for decisions on public finances eg tax law?
The House of Commons.
The Lords can consider but not block or amend this legislation
What power does the executive have?
- power from statute
- common law power
- royal prerogatives
Can government ministers delegate their powers given to terms by statute?
Yes can delegate to civil servants but they are still politically responsible for use of this power. Can be open to challenge in the courts if civil servant is on insufficient seniority to exercise the power.
What limits are there on the power of the executive?
Government can only act if it is expressly authorised either by statute or common law.
If the executive acts in excess of the powers given a challenge can be brought to the courts via judicial review.
What are some common constitutional conventions?
- House of Lords must defer to the House of Commons
- Monarch follows the advice of his Ministers
- Judges must not be politically active
