Intro - Constitution and Constitutional Law Flashcards
Is there 1 definition of constitution?
No
Which 3 sources can we use?
I. Jennings The Law and the Constitution (1943)
A Young, Turpin & Tompkins’s British Government and the Constitution (8th Edn)
A. King The British Constitution
What is I. Jennings view of the constitution?
2 senses of the term
What is the 1st sense of Jennings’ view of constitution?
a document which sets out the rules used to govern
sets out the composition, powers and methods of operation of the main institutions of government
sets out the general principles applicable to the gov. relationship with the citizens
What is the 2nd sense of Jennings’ view of constitution?
rules that determine the creation and operation of governmental institutions
Does the UK have a constitution?
with reference to the 2 senses
No -> in the 1st sense - there is no written constitution
Yes -> in the 2nd sense, there are rules
What is I. Jennings’ view on the development of institutions in Great Britain?
They have developed through the ages
by deliberate choice & by political forces
What is I. Jennings’ view on the development of the principles governing constitutional relationships? 3 ways
through the growth of practice
through victory in arms
more recently -> through legislation
quote by I Jennings on legislation
it is the “chief instrument of development”
What is A Young’s (and Turpin and Tompkins’s) definition of ‘constitution’?
the body of rules, conventions and practices
which describe, regulate or qualify
the organisation, powers and operation of government
and the relations between persons and public authorities
What is A King’s definition of ‘constitution’?
the set of the most important rules and common understandings in any given country
that regulate the relations among that country’s governing institutions
and the relations between the country’s governing institutions and the people
What other sources does the Supreme Court recognise?
aside from these 3, it also recognises principles
especially from R (Miller) v The Prime Minister; Cherry and others (Respondent) v Advocate General of Scotland (Appellant) [2019] UKSC 41, [39] (“Miller II”)
What principles does the Supreme Court state in Miller II?
The UK doesn’t have a codified constitution
UK’s constitution has been established over history by common law, statutes, conventions and practice
has developed pragmatically & remains sufficiently flexible to develop further
constitution includes numerous principles of law which are enforceable by courts
courts have the responsibility of upholding the values & principles of our constitution and making them effective
In summary: What does the constitution comprise of?
what does it regulate?
fundamental legal and non-legal norms such as rules / laws / conventions / key practices / legal and political principles
regulate how valid law is made, horizontal relationships between public bodies, key vertical relationships between the state and individuals that make up their basic civil and political rights
Where do the horizontal and vertical relationships exist?
at the central level -> UK, Westminster
in the devolved regions
