Constitutional and Administrative Law - UK Constitution and its Features Flashcards
Constitution
Sets out the legislature, executive and judiciary, outline their powers and regulate the relationship between the state, its institutions and citizens
Rule of law
Law to be applied fairly and consistently, government acts according to law and laws should have no retrospective effect
Parliamentary Sovereignty
In countries with codified constitution, it has supreme effect. In UK the highest form of law is an act of parliament
Role of courts
Cannot strike down legislation. Rather, they interpret it and if Parliament disagrees with interpretation given by the courts they may amend the legislation to make it clearer
Royal Prerogative
Powers said to belong to the crown - Government (Executive) AND Monarch
Constitutional Conventions
Political rules. E.g. legal position is that royal assent can be refused but the convention is that every bill is given royal assent.
Test for conventions
Previous practice? Binding? Sound constitutional reason?
UK is a unitary state
Executive and legislative power is concentrated at the centre. This is despite there being three legal jurisdictions within the UK. Parliament has power to make law for all three jurisdictions but the law can vary between them.
Parliamentary System
Leadership of the executive is not separate to the legislature
Entrenched
Countries with a codified constitution said to be entrenched. Constitution is supreme - i.e. if ordinary law conflicts with constitution that law is struck down or declared invalid
Royal Prerogative
Exercised by the Government
Ram Doctrine
Powers given to government for the ordinary business of government which are not explicitly authorised by statute or royal prerogative
