nature and sources of the british constitution Flashcards
uncodified definition and significance
found in a variety of sources
- can make it difficult for people to understand their rights
- easier to adapt
- no complicated procedures required to amend it
unitary definition and significance
all power ultimately derives from central govt (opposite of federal)
- Westminster is sovereign and very powerful
- any power devolved is delegated, not permanently transferred
rule of law definition and significance
everyone is equally subject to the laws of the land (even govt ministers cannot break their own laws) (opposite of arbitrary govt)
- modern liberal democracy
- powers of govt are limited
- deeming of ‘ultra vires’ if it is broken
- can lead to reversing of actions by the govt
parliamentary sovereignty definition and significance
parliament is the supreme authority in the land (contrast to USA where the constitution is sovereign)
- fundamental principle of British constitution
- no parliament can bind its successor
- flexible and easy to change
statute law definition and significance
acts of parliament that affect the British constitution (incl laws that impact on civil liberties and human rights eg HRA 1998)
- constitution remains adaptable
- trend has been towards expanding and protecting democracy and individual rights
- these rights could be removed or diluted if parliament desires
common law definition and significance
laws passed by legal judgement in court (represents judicial precedence)
- doesn’t have precedence over statute law
- statute law can repeal/modify rights made under common law
royal prerogative definition and significance
historic political powers of the monarch now transferred to the PM
- cited as a way govts can extend their powers eg peerage
- can be limited by acts of parliament eg Fixed term parliament act 2011
conventions definition and significance
unwritten traditions that help ‘oil the wheels of state’ and enable smooth political activity
eg Salisbury convention where the lords agree not to delay policies contained in party manifestos
- normally work well
- not protected by anything other than tradition
- constitutional crises can take place if they are broken
authoritative works definition and significance
writings and books of constitutional experts that clarify/explain the inner workings of the constitution
eg AV Dicey’s Law of the Constitution
Walter Bagehot’s the English Constitution
more recent: the Cabinet Manual 2010
- opinions are like conventions as they have no legal authority
- not formally approved by parliament
- embody existing rules, don’t seek to change them
date of the magna carta
1215
date of the first bill of rights
1689
