Lesson 3 (Keal) Flashcards
Does a constitution need to be written?
no
it can be written or unwritten
Codified
can be found in a single document e.g. the US constitution
5 Main features of the UK’s constitution
Fusion of powers
Flexible
Uncodified
Unitary
Parliament Sovereignty
Un - codified
takes laws and beliefs from various legal documents e.g. the UK constitution
US system
federal system
UK system
unitary system
Examples of major works of authority / constitutional documents?
Magna Carta (1215)
A.V Dincey - the Law of the Constitution - 1885
Examples of conventions
a pm must resign if he lies to parliament
What is meant by the UK having a fusion of powers?
There are 3 distinctive branches of power
the executive, legislature and the judicary
In the Uk, these are mixed together
e.g. the executive (PM and Ministers) is accountable to the legislature (Parliament)
this means the executive is part of the legislature, which is unlike systems like the US
Unitary system
There is a central government
All power elsewhere is derived from it
Therefore making all other places not sovereign
e.g. Scotland is given power by the Parliament of Westminister
This can be taken away e.g. when Parliament here said Scotland couldn’t pass self - ID laws (therefore it is not a sovereign nation)
Difference between the federal and unitary system?
Federal system - individual representatives of individual areas can make laws e.g. The Governor of Florida can change the laws of Florida
This is different to here as MPs can’t change the laws of their areas
Federal system - power is more divided e.g. the President doesn’t sit with congress
BUT
in our unitary system, power is connected, with the PM and his ministers sitting in the house of commons
Federal system - typically have a written, inalienable constiution
Unitary system - e.g. Uk doesn’t have a written constitution
What specific date did we join the EEC?
January 1st 1973
What happened in 1991 that is a big reason for Brexit?
After the Factortame Case
Courts ruled that EU law supersedes UK law
What are A.V. Dincey’s twin pillars?
Parliament is sovereign
Government must follow the law
