Constitutional fundamentals Flashcards
Is the UK’s constitution written or unwritten?
Unwritten
Republican vs monarchial constitution?
Which does the UK have?
Republican has an elected president as head of state
Monarchical has an unelected monarch as head of state
Federal vs unitary?
Which does the UK have?
Federal constitutions have a division of power between central government and regional government.
Unitary has a single sovereign legislative body.
The UK is unitary.
Rigid vs flexible?
Which does the UK have?
Rigid constitutions are ‘entrenched’ and may only be changed by special procedures. Flexible constitutions are easy to change as no special procedures are necessary.
The UK is flexible.
Formal vs informal separation of powers?
Which does the UK have?
Formal separation of powers has a clear separation of functions and personnel between the executive, legislative and judicial branches of state. Informal separation of powers has a significant degree of overlap.
The UK has a largely informal separation of powers.
What are the core constitutional principles that underpin the UK’s constitution?
Rule of law
Separation of powers
Parliamentary sovereignty
What are the sources of the UK constitution?
Acts of Parliament
Case law
Royal prerogative
Constitutional conventions
What is a constitutional convention?
A non-legal source of the convention which contain rules of constitutional behaviour which is considered to be binding.
What is the Salisbury Convention?
The HOL will not reject legislation that gives effect to an important manifesto commitment of the democratically elected government.
What is the Ministerial Code?
The main laws, rules and regulations that affect the conduct and operation of government.
It does not have a legal effect.
What is Individual Ministerial Responsibility?
Government ministers are responsible to Parliament for the proper administration of their department and their own personal conduct.
Grave errors mean a minister should resign, but this is unenforceable.
What is Collective Ministerial Responsibility?
Government Ministers should remain united on government policy.
What is the principle of sub-justice?
A formal law of Parliament designed to prevent members of the executive and legislative from commenting on court proceedings.
What is the royal prerogative?
Powers that may be used to describe non-statutory powers held by the monarch or by government ministers.
What prevails over the royal prerogative over statute?
Statute
What if a minister exercises prerogative power that is inconsistent with statute?
It is an abuse of prerogative power due to the fact it is inconsistent with statute due to Parliamentary Sovereignty.
What legal protections are available to MPs under parliamentary privilege both in and out of Parliament?
An MP is protected from legal action for the statements made in Parliament, but not those for those outside (e.g. at a party).
What is a statutory instrument?
Delegated legislation made by Government Ministers and by-laws created by a local authority.
How can statutory instruments be passed?
Negative resolution procedure
Affirmative resolution procedure
What is an affirmative resolution procedure?
Statutory instruments require the express approval by resolutions of both Houses of Parliament.
What is a negative resolution procedure?
Instruments become law unless there is an objection from either House.
What procedure is used to pass the majority of instruments?
Negative resolution procedure.
