constitutions Flashcards
does the UK have a constitution?
yes, but its not contained in a hard
document.
Parliament is supreme- it can
make any law whatsoever
The constitution cannot limit
the power of parliament
what is the purpose of a constitution
1) limit power of government
2) protect the rights of the individual from the government
3) legitimacy
what are some definitions of a constitution?
Barnett: “In lay terms, a constitution is a set of rules which governs an organisation.”
House of Lords Select Committee 2001 - A constitution is a set of rules that defines how a government is structured, its powers, and how it interacts with the people.
how does barnet define a constitution
is this a good definition
“In lay terms, a constitution is a set of rules which governs an organisation.”
its too simplistic - there needs to be more defined.
how does the house of lords define a constitution
is this a good definition
A constitution is a set of rules that defines how a government is structured, its powers, and how it interacts with the people.
its a pretty good definition - it refers specifically to the laws and rule that govern parliament.
how does the House of Lords definition differ from barnetts?
what are the definitions about?
about definition of a constitution
1) HOL definition is clear that constitution defines specifically laws, rules and practices the institutions of government
2) HOL outlines the powers of government institutions and explains how they relate to each other and to the people. more detailed.
what are the different ways a constitution can be categorised
written or unwritten
concrete or abstract
flexible or rigid
separated powers or fused powers
federal or unitary
supreme or subordinate
republication or monarchical
how is the UK constitution classified
unwritten
abstract
flexible
fused powers
unitary
supreme
monarchial
why is the UK constitution classified as unwritten
the constitution is not found in one
document
why is the UK constitution classified as abstract
the constitution is not found in one
document
why is the UK constitution classified as flexible
constitutional rules can be changed by parliament.
nothing is entrenched!
why is the UK constitution classified as fused powers
overlap of the three arms of government
why is the UK constitution classified as unitary
All power is either derived, or can be removed, by Parliament.
the constitution does not make the power rigid.
why is the UK constitution classified as unitary
supreme
no external authority limiting the constitution
why is the UK constitution classified as monarchial
king is head of state
how does Barnett definition define UK constitutions.
barnetts definition is “a constitution is a set of rules which governs an organisation”. this is a very simple definition and the UK easily complies with it bc of this.
how does the house of lords definition define UK constitutions
states that it is the laws, rules
and practices that create and govern the basic institutions of the state and condition. how these institutions relate to each other and to citizens.
it defines UK constitution well.
what is some legislation which shapes the way we are governed
what is the significance of this legislation
Human Rights Act 1998
gives the individual certain rights - acts like a constitutional right yet theyre passed over time when it matches which what is needed at that time. laws like this address specific issues rather than a rigid framework
