Key Principles of the UK Constitution Flashcards
Memorandum of understanding 2012?
Between UK govt. & devolved areas - non-legally binding principles that define relationships between administrations
Convention that applies when UK Parliament wants to legislate matters with devolved competence?
Sewell Convention
Matters outside the competence of devolved administrations?
Reserved matters
If a matter is not a ‘reserved matter’ will legislation passed by Parliament still have legal effect in devolved area?
Yes - but convention is that consent of devolved administration should be sought
What is the Salisbury-Addison convention
HoL should not at 2nd reading of reject govt. legislation that has been passed at HoC that carries manifesto commitment
Are conventions law?
No - cannot be legally enforced (but courts will recognise…) R (Miller) v SoS for exiting the EU 2017: court rejected that the govt. had to seek Scottish Government approval (Sewell convention) for exiting EU as it was in Scottish Act - court said this was acknowledgment to rule but did not create new law
What is Parliament?
Sovereign, HoC and HoL. HoC has 650 MPs and HoL has 775 unelected life peers
What does parliament do?
Most legislation (but not all) starts with proposal by the executive. Parliament;
- Debate/scrutinise proposed legislation
- propose amendments
- Extract info from executive and hold them to account
- Scrutinise public expenditure & taxation
What did the Constitutional Reform Act 2005 do re. HoL?
HoL judicial function was separated from Parliament - also marked the end of the Lord Chancellor’s combined role as head of judiciary, member of executive and Speaker of HoL.
What happened in 2009 to judicial function of law lords?
Transferred to Supreme Court - they became first Justices of the Supreme Court.
Can HoL block decisions on public finance by HoC?
No - they can consider, but not block. Sole responsibility of HoC.
What happens to ‘Government defeats’ (of bills) in HoL, are they scrapped completely?
Not normally - usually results in amendments to legislation by government as opposed to wholesale defeat of the Bill.
What is Dicey’s definition of ‘what is a constitution?’
“that set of rules that directly or indirectly affect the distribution and exercise of sovereign power in the state”
Purpose of Montevideo Convention of Rights and Duties of States?
Defines ‘state’ Art 1.
What are the three ‘functions of the state’?
- The Legislature (HoC, HoL and the Monarch)
- The Executive (PM and Cabinet)
- The Judiciary (all judges at all levels)
Is it correct to say the UK has ‘no written constitution’?
No - a more accurate statement is that the ‘constitution of the UK is uncodified’
Where do constitutional rules come from?
- Legislation
- Case law
- Custom and practice
What is a constitutional statute, as per Thoburn v Sunderland City Council [2002]?
one which ‘conditions the legal relationship between the citizen and the state in some general, overarching manner’
for example: magna carta 1215, bill of rights 1689 and human rights act 1998
Importance of Entick v Carrington 1765?
Entick suspected of writing anti-govt. pamphlets had property searched by King with force. Entick sued; defence was that they acted with authority of lord halifax, King’s minister
PRECEDENT: established fundamental constitutional rule that the state cannot exercise power unless power is expressly authorised by law
General principles of constitutionalism?
- exercise of govt. power must be within legal limits and accountable in law
- power is dispersed
- govt. is accountable to the people
- fundamental rights and freedoms of citizens are protected
Advantage of an uncodified constitution?
Flexibility and capacity to change and evolve
Importance of Case of Proclamations [1610]?
- Monarch could only make new laws through Parliament
2. King hath no prerogative power but that which the law of the land allows him
What did the Bill of Rights 1689 do?
Affirmed Magna Carta, limited power and reaffirmed certain civil rights. It is seen as establishing the concept of parliamentary sovereignty!
Basic structure of ‘executive’?
- Monarch (though largely symbolic)
- PM and Cabinet (22 senior govt. ministers called SoS)
- Govt. departments - run by politically independent civil servants
