Constitutional Fundamentals and Sources of the Constitution Flashcards
What is the purpose of a constitution?
A constitution establishes the fundamental rules and principles by which an organization or state is governed, defining political principles, the framework of government, and guaranteeing rights and freedoms to citizens.
What distinguishes a written constitution from an unwritten constitution?
A written constitution is set out in a single document, while an unwritten constitution consists of multiple sources, some written and some not.
The UK has an unwritten constitution.
What is the difference between a republican and a monarchical constitution?
A republican constitution typically has a president as the head of state, while a monarchical constitution has an unelected monarch as the head of state.
This is the case in the UK.
What is the difference between a federal and a unitary constitution?
A federal constitution divides power between central and regional governments, while a unitary constitution has power concentrated at the center.
In the UK, Westminster Parliament is the supreme lawmaking body.
How is the UK constitution described in terms of flexibility?
The UK has a flexible (unwritten) constitution, which can be changed more easily than a rigid, entrenched constitution.
What are the three core constitutional principles in the UK?
The three core constitutional principles are the rule of law, the separation of powers, and the sovereignty (supremacy) of Parliament.
What does the rule of law entail in the UK?
The rule of law, according to Lord Bingham’s substantive approach, requires no arbitrary exercise of state power, laws must be clear and accessible, citizens should only be punished for acts that were crimes at the time, there should be equality before the law, and the judiciary must be independent and impartial.
What are the three branches of government in the doctrine of the separation of powers?
The three branches are: the legislature (Parliament), the executive (government), and the judiciary (courts).
How does the separation of powers function in the UK?
The UK has an informal separation of powers, where the branches of state overlap, but checks and balances ensure no single branch has excessive power.
What is the sovereignty of Parliament?
The sovereignty of Parliament means that Parliament at Westminster is the supreme lawmaking body in the UK, and its laws take precedence over common law.
What are some significant statutes that are part of the UK Constitution?
Significant statutes include the Magna Carta, the Bill of Rights 1689, the Parliament Acts of 1911 and 1949, the Human Rights Act 1998, and the Act of Devolution in the late 1990s.
How does case law contribute to the UK Constitution?
Case law (common law) contributes to constitutional principles like habeas corpus, individual liberty, and the right to a fair hearing, and the courts can shape the constitution through judicial review and interpretation of statutes.
What is the royal prerogative?
The royal prerogative refers to powers that remain with the Crown, such as making treaties, declaring war, and summoning Parliament.
These powers are remnants of the monarch’s absolute authority.
Can Acts of Parliament remove royal prerogative powers?
Yes, Acts of Parliament can remove royal prerogative powers, as they have the ability to change or limit the monarch’s powers.
What are constitutional conventions, and how do they function in the UK?
Constitutional conventions are non-legal rules of behavior that are considered binding but not enforceable by the courts.
They include practices like the monarch playing no active role in government and the Prime Minister being a member of the elected House of Commons.
