lesson 1/2 Flashcards
What is the main function of public law?
Public law regulates relationships between state institutions and between the state and legal persons (e.g., constitutional law, administrative law, criminal law).
What are the key functions of a constitution?
- Establish institutions,
- Limit power and ensure accountability,
- Embed principles of governance,
- Allow for amendments with limitations.
What is constitutionalism?
The idea that government power should be limited and accountable, with rules regulating its exercise.
Does the UK have a written constitution?
No, the UK has an uncodified constitution, meaning it is not contained in a single document but consists of statutes, conventions, judicial decisions, and treaties.
Name three sources of the UK Constitution.
- Statute law (e.g., Human Rights Act 1998),
- Common law (e.g., Entick v Carrington 1765),
- Constitutional conventions (e.g., Monarch appointing the Prime Minister).
What is the significance of the Bill of Rights 1689?
It established parliamentary supremacy, limiting the monarch’s power and requiring parliamentary consent for taxation.
What are the three branches of government in the UK?
- Executive (Government),
- Legislature (Parliament),
- Judiciary (Courts).
What is Dicey’s principle of Parliamentary Sovereignty?
Parliament has the right to make or unmake any law, no other body can override its legislation, and all laws are of equal status.
What case suggested that parliamentary sovereignty is not absolute?
Jackson v Attorney General (2005) – Lord Hope argued that the rule of law is the ultimate controlling factor of the UK constitution.
What is the royal prerogative?
Powers historically held by the monarch but now largely exercised by ministers (e.g., declaring war, granting pardons).
Can the monarch dissolve Parliament unilaterally?
Legally, the King may have this power, but political conventions and realities prevent its use. The last monarch to attempt this (Charles I) was executed.
What is the role of conventions in the monarchy’s powers?
They regulate the exercise of royal prerogative, ensuring decisions (like appointing a Prime Minister) align with democratic principles.
What are the four key functions of Parliament?
- Supply government members (e.g., Prime Minister),
- Hold government accountable (e.g., PMQs),
- Grant financial resources (e.g., Finance Acts),
- Create and amend laws.
What did Keith Ewing say about the UK Constitution?
The UK constitution is eight words long: What the Queen in Parliament enacts is law.”
How does Parliament check the executive?
Through votes of no confidence, PMQs, select committees, and judicial review.
When was the Scottish Parliament established?
1998, following a 1997 referendum (74.29% in favor).
What are the Acts of Union?
1707: Scotland & England form Great Britain.
1800: Great Britain & Ireland form the UK.
How did Brexit impact devolution?
It raised tensions, particularly in Scotland and Northern Ireland, over EU law incorporation and trade arrangements.
What model of devolution does Scotland follow?
A reserved powers model—anything not explicitly reserved to Westminster falls under the Scottish Parliament’s jurisdiction.
What case established judicial review of government actions?
Entick v Carrington (1765) – The government cannot act outside legal authority.
What is the significance of Cherry v Advocate General for Scotland (2019)?
It ruled that Boris Johnson’s prorogation of Parliament was unlawful.
What key statute incorporates human rights into UK law?
The Human Rights Act 1998, giving domestic effect to the European Convention on Human Rights (ECHR).
Does the UK require referendums for constitutional change?
No, but they are used for major political decisions (e.g., Brexit 2016, Scottish Independence 2014).
What is Tony Benn’s “fifth question” of democracy?
“How can we get rid of you?” – elections ensure political accountability.
What does Section 1 of the Scotland Act 2016 state?
The Scottish Parliament and Government are “permanent” institutions, though legally, Westminster retains power over them.
When did the UK leave the EU?
31 January 2020, following the 2016 Brexit referendum.
What is the Windsor Framework?
A post-Brexit agreement regulating Northern Ireland’s trade with the EU and UK.
How does the ECHR still affect the UK post-Brexit?
The Human Rights Act 1998 still applies, incorporating ECHR rights into UK law.
