introduction Flashcards
What is constitutional law?
Constitutional law governs the fundamental principles of state operations, distributing powers among branches of government and safeguarding citizens’ rights.
What are the key elements of constitutional law?
The key elements include the organization of the state (legislature, executive, and judiciary), citizens’ rights, and limits on government authority.
What is a written constitution?
A written constitution is a formal, codified document that outlines a state’s legal framework, such as the U.S. and German constitutions.
What are the features of a written constitution?
Features include a clear structure of government, a bill of rights to protect liberties, and a formal amendment process.
Can you give an example of a country with a written constitution?
The United States, with its Constitution that includes amendments like the First Amendment, is an example.
What is an unwritten constitution?
An unwritten constitution is derived from various sources rather than a single document, as seen in the UK Constitution.
What are the sources of an unwritten constitution?
Sources include statutes, common law, constitutional conventions, and authoritative texts.
What is parliamentary sovereignty?
Parliamentary sovereignty is the principle that Parliament is the supreme legal authority in the UK, capable of making, amending, or repealing laws.
Can courts overrule Acts of Parliament in the UK?
No, courts cannot overrule Acts of Parliament, although judicial review can issue declarations of incompatibility.
What case affirmed parliamentary sovereignty in the UK?
R (Jackson) v Attorney General (2005) is a key case affirming parliamentary sovereignty.
What is the doctrine of separation of powers (SOP)?
Separation of powers is the doctrine that governmental powers are divided among legislative, executive, and judicial branches to prevent abuse of power.
What are the three branches of government in the separation of powers?
The three branches are the legislature (makes laws), executive (executes laws), and judiciary (interprets laws).
Does the UK have a strict separation of powers?
No, the UK has a fusion of powers, particularly between the executive and legislature.
What is a constitutional monarchy?
A constitutional monarchy is a system where the monarch holds symbolic power while elected officials exercise actual political authority.
What role does the monarch play in the UK’s political system?
The monarch grants royal assent to laws, which is a formality, and follows conventions such as appointing the Prime Minister.
What are the legal sources of the UK Constitution?
Legal sources include statutes, case law, constitutional conventions, and authoritative texts.
What are some key historical statutes that contribute to the UK Constitution?
Key statutes include Magna Carta (1215), the Bill of Rights (1689), and the Human Rights Act (1998).
What case established that the monarch cannot legislate without Parliament?
The Case of Proclamations (1611) established that the monarch cannot legislate without Parliament.
What case protected property rights under the UK Constitution?
Entick v Carrington (1765) protected property rights from unlawful government intrusion.
What are constitutional conventions?
Constitutional conventions are unwritten rules followed out of respect for the system, such as the Sewel Convention.
What is an example of a constitutional convention in the UK?
One example is the Sewel Convention, which stipulates that the UK Parliament will not normally legislate on devolved matters without consent.
Constitution?
Authoritative texts are writings by scholars like A.V. Dicey that provide interpretations of constitutional principles like the rule of law and parliamentary sovereignty.
What is devolution in the UK?
Devolution is the transfer of legislative powers from the UK Parliament to regional governments such as the Scottish Parliament and Welsh Assembly.
What laws established devolved governments in Scotland, Wales, and Northern Ireland?
The Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 established devolved governments.
What is judicial review?
Judicial review is the process by which courts review the actions of public bodies to ensure legality and compliance with individual rights.
What was the significance of R (Miller) v Secretary of State for Exiting the EU?
It defined Parliament’s role in Brexit, ruling that the government could not trigger Article 50 without parliamentary approval.
What was the outcome of the Factortame (1990) case?
The Factortame case asserted that EU law had supremacy over UK law before Brexit.
What are some arguments for a codified constitution in the UK?
Arguments include greater clarity for citizens, providing a check on parliamentary powers, and strengthening judicial protection of rights.
