Intro to the UK Constitution Flashcards
Constitution?
A body of fundamental principles or established precedents according to which a state or other organisation is to be governed.
Principles?
Rules and laws
Precedents?
Traditions, established by experience
What did Thomas Payne say in 1795?
‘Government without a constitution is power without right’
What do constitutions do?
- Give governments legitimacy
- Protect freedoms
- Distinguishes spheres of influence of government branches
- Set out a state’s goals and values
Codified constitution?
A single written document.
What do codified constitutions usually contain?
- A preamble (outline values)
- Nature of institutions
- Bill of rights
- Amendments
Uncodified constitution?
Formed of a variety of sources such as laws and conventions.
Unentrenched?
Easily amended
Why is it good that uncodified constitutions are flexible?
- Easy to amend (unentrenched)
- Allow for quick constitutional change
- Allow constitutions to keep up with society
- Prevent revolutions
Example of uncodified vs codified?
US constitution: codified. 2nd amendment- right to keep and bear arms. 2023- 656 mass shootings
UK constitution: uncodified. After Dunblane shooting in 1996, Fireams Amendment Act passed one year later in 1997. 2023- 1 mass shooting
Fundamental/ higher laws?
Entrenched laws in a codified constitution.
When is a law ‘unconstitutional’?
If it conflicts with a fundamental/ higher law.
Judiciable?
Issues may be definitively decided in a court of law