EXTRA-Sources of the UK Constitution Flashcards

1
Q

What is a judicial precedent?

A

a decision of a court of law which is quoted as an authority for future decision making when deciding a case involving a similar set of facts.

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2
Q

Why have Hanson and Walles written of the British habit of placing ‘new wine in old bottles?

A

because although many of our national institutions have a long history, the role they play is constantly undergoing change

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3
Q

What are the 5 sources of UK Constitution?

A

1) Convention
2) Authoritative texts
3) Prerogative powers
3) statute law
4) Common law
5) European law

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4
Q

What did the Magna Carta in 1215 assert?

A

the view that a monarch could and should be controlled by their subjects.

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5
Q

What has the Magna Carta in 1215 influenced?

A

common law and documents and is considered one of the most important legal documents in the history of democracy

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6
Q

What was the name of Walter Bagehot’s book which is apart of the authoritative works in 1867?

A

The English Constitution

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7
Q

What did Bagehot say about the British constitution in ‘the English Constitution’ 1867?

A

That the genius in the constitution lay in the ability for it to combine the gradualism of continuity with the capacity for adaption

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8
Q

What did the Wales Act 1998 do? (statute law)?

A

the established the Welsh National Assembly

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9
Q

Where does the Royal Prerogative come from?

A

It comprises of a number of powers or privileges performed in the past by the monarch but now performed by the PM and the power derives from the Crown

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10
Q

What 3 rights do ministers have under the Royal Prerogative?

A

1) Make treaties
2) declare war
3) dispense honours

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11
Q

What have judicial decisions been important in establishing?

A

individual rights in relation to those in authority

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12
Q

What is judicial review?

A

This is the power of the courts to overturn executive or legislative actions they hold to be illegal or unconstitutional. The UK has a weak form; the courts can review executive actions, deciding whether the Executive has acted ultra vires unfairly or without reference to relevant facts

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13
Q

What has judicial review allowed judges to do over the decades?

A

has enabled judges to make important decisions on the justice and fairness of particular laws and thereby influence government policy

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14
Q

what has furthered the importance of judges in our constitutional arrangements?

A

the Human Rights Act 1998

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15
Q

What are conventions?

A

They are unwritten rules that guide our constitutional behaviour, they are customs of political practise that are usually accepted and observed.

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16
Q

What is an example of 3 convention’s in Parliament ?

A

the recognition that the choice of PM should be made from HOC an that the proceedings of the Cabinet should be kept secret, and the concept of individual and collective responsibility

17
Q

When did we join the EU?

A

1973

18
Q

What 2 types of legislation are the UK bound by by the EU law?

A
  • primary legislation

- secondary law

19
Q

What is an example of primary legislation?

A

the Treaty of Rome

20
Q

What is an example of secondary law?

A

EU regulations and directives

21
Q

What is the Treaty of Rome 1957?

A

this is the agreement signed by 6 wester European counties to establish the EU

22
Q

What did the Factortame case show?

A

that the courts can overrule parliamentary legislation which conflicts with the Community law