introduction to The Constitutuion Flashcards
what’s a constitution?
set of basic laws for country describing rights & duties of citizens on how its governed
constitution is a collection of rules for governing of a country which;
- define organs of state (main institution)
- regulate relationship between organs
- regulate relationship between state & individual
constitution that’s written will;
- create & establish government
- be superior to other forms of law
- courts have power to declare ordinary law unconstitutional
what’s public law?
relationship between individual & state
sovereignty means?
who/what has supreme legal authority in a state
advantage of UK’s unwritten (uncodified) constitution
- not entrenched (easy to amend)
- flexible + adaptable to changing circumstances
- can evolve gradually, reflect changing norms + attitude
disadvantage of UK’s unwritten (uncodified) constitutions
- too much power given to parliament
- law can’t be struck by court as ‘unconstitutional’
- lack of legal checks + balance on those holding power
- rights aren’t entrenched
sources of UK constitution (legal & non-legal sources)
- legal rules
- statute
- case law
- prerogative - non legal rules
- convention - principles
- parliamentary sovereignty
- separation of powers
- rule of law
legal sources
- acts of parliament
- magna carta 1215
- bill of right 1688-89
- congreve v home office [1976] 1 all ER 697 89
- act of union with Scotland
- european communities act 1972 (ECA)
- eu (withdrawl) act 2018
- parliament acts of 1911&1949
- scotland act 1998
- human rights act 1998
- common law
- british constitution (royal prerogative)
acts of parliament
a statute= bill passed by parliament
Magna Carta 1215
- king John abused power
- established principle that everyone is subject to the law
- guarantees the rights of individuals, the right to justice and the right to a fair trial
bill of right 1688-89
- limited monarch power
- free speech in parliament
- no tax without parliament
congreve v home office [1976] 1 all ER 697 89
fact: H.O demands extra payment from those who bought new TV license before old ran out to avoid price increase
held: H.O had no power to revoke TV license or demand extra payment
act of union with Scotland
- England & Scotland used to have same monarchs but 2 parliament
- 1707 act said England & Scotland “shall forever after be united into one United Kingdom” with 1 parliament
european communities act 1972
- gave legal effect to governments choice to join EEC
- gives effect to european law in UK
- gives court of justice precedence over UK court on EU law matter
- ECA remains in force till repealed by later act
- european withdraws act 2018 was enacted but will surpass in ‘exit day’
european (withdrawl) act 2018
-act of the Parliament of UK that provides both for repeal of the European Communities Act 1972, and parliamentary approval required for withdrawal agreement negotiated between HM Government and the European Union
parliament act of 1911 & 1949
- changed relationship between commons & lords
- replaced house of lords power of veto with delaying powers
- reduced length of parliament from 7 to 5 years
Scotland act 1998
- greater effect to european convention on human rights (ECHR) in uk law
- requires public authorities to act in human rights friendly way
- change way that law is interpreted in human right cases
common law
- law made by judges through creation of legal precedent
- written in law reports
British constitution (royal prerogative)
- residue of powers enjoyed by crown, now used by government
example:
1. declaration of war
2. deployment of troops
3. signing international treaties - monarch appoint prime minister& prorogation of powers
european law
- eu membership has impact on how we are governed
- law currently comes from eu
- in UK, EU law depends on statute (ECA 1972) for legal effects
- effect will continue until 1972 act amends or repeals
european convention on human rights
- treaty of council of europe
- importance in UK has increase since introduction of HRA 1998
- since act decisions of european court of human rights have status of persuasive precedents for courts
conventions (non legal)
- ‘non legal’ rule of constitution
- recognised by courts + not legally enforceable
- sir Ivor jennings; ‘conventions provides the flesh which clothes the day bones’ (the law & the constitution, 1959)
Entick v Carrington (1765) 95 ER 807 (common law case)
fact: kings messengers entered Enticks home & seized ‘seditious’ papers- claimed to act under warrant
decision: warrant had no legal basis & kings messengers were trespassers
principle: executive powers must be exercised according to law
