Governing the UK Flashcards
What is a constitution?
A set of rules/regulations to see boundaries and to regulate the relationship between the government &a the governor
What is the rule of law?
By Dicey 1885, there are twin pillars that hold up the UK constitution, the rule of law and parliamentary sovereignty. The law applies to everyone, can be used to support human rights. Can be traced back to Magna Carter 1215
What are the features of the UK constitution?
1) It’s uncodified and unentrenched
2) Statutes can amend the constitution (including the constitutional reform act 2005, human rights Act 1998)
3) Conventions- unwritten practices that develop over time. E.G. Salisbury Convention
4) Referendums that confirm amendments to the constitution e.g. Brexit
5) It’s unitary- power isn’t shared, legal sovereignty remains in Parliament (powers given to devolved regions can be taken back)
6) No separation of powers
7) Constitutional monarchy and prerogative powers - the queen has no political power or role and her arbitrary powers are controlled by Theresa May
8) Strong executive (government) - and weak legislature (parliament) due to lack of separation of powers and fptp
9) Rule of law
What are the sources of the UK constitution?
Parliament statues, conventions, authoritative documents and books, common law, EU treaties and traditions
What is Parliamentary statutes?
Laws passed by UK parliament e.g. Freedom of information act 2000
What are conventions?
Uncodified rules followed by those in government e.g. Salisbury convention and Collective Cabinet responsibility
What is Authoritative documents and books?
Not laws, but generally followed e.g. Rule of law, A V Dicey
What is common law?
Historic laws enforced by courts but not passed by parliament e.g. Royal prerogative and individual rights, but not human
What are EU treaties?
Treaties signed by UK government binding on all future governments e.g. Maastricht Treaty 1992, transferred a lot of sovereignty from UK to EU
What are traditions?
Historic practices of limited importance e.g. The Queens speech
