Features and Sources of the Constitution Flashcards
What are the 6 features of the UK constitution?
- Uncodified
- Flexible
- Unitary
- Monarchial
- Parliamentary
- Democratic
What is the uncodified feature of the constitution?
Not found in a single written document but consists of a range of sources
What are the 4 sources of the constitution that make it uncodified?
1) Statute law = Legislation passed by parliament
2) Common law = Judicial decisions that establish legal principles
3) Constitutional conventions = unwritten practices that shape governance (the Prime Minister’s role and parliamentary procedures)
4) Works of authority = Recognised legal texts that provide guidance
What are the implications of having an uncodified constitution?
- There is no ‘supreme’ written document, allowing the constitution to evolve naturally
- Provides flexibility, as principles can adapt without the need for formal amendments
What is legislative supremacy?
Parliament has the supreme authority to make or repeal laws
What are the implications of having a flexible constitution?
- The constitution can evolve with societal values and changes in governance needs
- However, raises concerns about the potential for rapid shifts in fundamental rights
What is the unitary feature of the constitution?
Power is centralised in a single national government
- though there is devolution to regions (Scotland, wales, Northern Ireland), parliament retains the power to override or abolish devolved institutions
How does the UK constitution contrast with federal systems?
Unlike federal systems (like the US), where power is divided between federal and state governments, the UK parliament remains the ultimate authority
What are the implications of having a unitary constitution?
- Ensures a unified legal and administrative system
- However, criticised for centralising power and limiting regional autonomy
What is the role of the monarchy in governing the UK?
Powers are largely ceremonial, such as forming the opening of parliament, granting royal assent to bills and appointing the prime minister
- Royal prerogative are exercised by government ministers on behalf of the Crown
What are the implications of a monarchial constitution?
- Provides a sense of continuity, tradition and national identity
- Monarchy’s influence in politics is limited, aligning with democratic values while preserving symbolic heritage
What is the parliamentary feature of the constitution?
Emphasises that the elected parliament is the primary governing body with the power to make and enforce laws
What is the principle of parliamentary sovereignty?
Parliament can create or abolish any law, and no other body (including the judiciary) can override its decisions
What are the implications of a parliamentary constitution?
- Reinforces democratic accountability through elections
- Ensures the constitution remains under direct control of the people’s representatives
What is the democratic feature of the constitution?
The government is elected by and accountable to the people
What are the 3 main democratic elements of the UK constitution?
- House of Commons = Elected members represent constituencies across the UK
- Rule of Law = Ensures that laws are applied fairly
- Electoral system = The UK uses a ‘first-past-the-post’ voting system for general elections, ensuring a democratic process
What are the implications of a democratic constitution?
- Emphasises the importance of free and fair elections, political accountability and the rule of law
- Democratic principles reinforce public trust in governance and the accountability of those in power
What are the 5 LEGAL sources of constitution?
1) Statutes
2) Royal Prerogative
3) Common Law
4) Authoritative Sources
5) Principles
What is the difference between ordinary and ‘constitutional’ statutes?
- Ordinary = Laws that address specific policy areas (like the Education Act)
= May be repealed or amended without significant constitutional impact - Constitutional = Have foundational significance, affecting the governance and rights (incl Human Rights Act 1998)
= Can’t be impliedly repealed; explicit legislation action is required
What are the 2 types of royal prerogative powers?
1) Personal Prerogative Powers = Powers the monarch personally exercises (though largely ceremonial)
2) Crown Prerogative Powers = Executed by ministers on behalf of the Crown (declaring war, making treaties, issuing/withdrawing passports, appointing gov ministers and judges)
What is the significance of common law for constitutions?
Form the basis for key constitutional protections, such as the rule of law and habeas corpus (protecting individuals from unlawful detention)
What are two key authoritative sources (works) and what do they do?
- A.V. Dicey = Defined the concepts of parliamentary sovereignty and the rule of law
- Walter Bagehot’s “The English Constitution” = Provides insight into the workings of the UK’s constitutional system
What are the 4 key constitutional principle?
- Parliamentary Sovereignty
- Rule of Law
- Separation of Powers
- Judicial Independence
What is the NON-LEGAL source of constitutions?
Conventions
What are Conventions?
Unwritten practices or norms that are not legally enforceable but are accepted as binding by political institutions
What is an example of a convention?
The convention that the PM should be a member of the House of Commons is followed despite no statute requiring it
What are 4 purposes of conventions?
- Filling in gaps
- Flexibility
- Supporting democratic accountability
- Reinforcing constitutional principles
What are 5 important conventions?
1) Royal Assent = Although it is required for a bill to become law, by convention, the monarch will always grant it
2) Collective ministerial responsibility = Members of the cabinet must publicly support government decisions or resign
3) Individual ministerial responsibility = Ministers are accountable to parliament for the actions of their department
4) PM’s role = By convention, the Prime Minister is the leader of the majority party in the House of Commons, although this is not legally required
5) Salisbury Convention = The House of Lords agrees not to oppose legislation promised in the government’s election manifesto
What are 2 arguments for codification?
- Clarity and consistency (reduces ambiguity)
- Protection (certain conventions wont be disregarded or altered)
What are two arguments against codification?
- Loss of flexibility (could make constitution rigid, limiting the ability to evolve naturally)
- Complexity (diminish simplicity and adaptability)
