nature and sources of the constitution Flashcards
statute
any law that been passed by both houses of Parliament and that has received royal assent. e.g: the representation of the people act 1969, the human rights act 1998
common law
laws or rights passed down over time by legal judgements in the courts (judicial precedence). e.g: freedom of expression, criminality of murder.
conventions
not written down but are generally agreed rules and procedures. e.g: the Salisbury-Addison convention 1945, royal assent, the monarch inviting the winning party’s leader to create a government.
codified
a constitution where all provisions are written down in a single set of documents. e.g: USA
uncodified
a constitution that is not contained in a single set of documents. e.g: UK
authoritative opinions
views and definitions that are important and regarded as the final word or authority on an issue. e.g: Walter Bagehot’s ‘The English Constitution’
the royal prerogative
remaining powers exercised in the name of the crown. e.g: proroguing Parliament (Borish Johnson 2019). important powers lie with the executive e.g: appointing ministers, calling general elections.
the rule of law
the law is enforced and that it is applied equally to everyone, including the government.
Parliamentary sovereignty
the principle of the British Constitution that makes Parliament the ultimate authority.
individual rights
rights that belong to each citizen. e.g: free speech, practice their religion or live according to their sexual orientation without discrimination.
collective rights
rights that lie with groups of people. e.g: members of a trade union, people with disabilities.
The Magna Carta 1215
Between King John and his Barons in response to the political crisis. the first formal attempt to try to limit powers of the monarch.
Bill of Rights 1689
represents Parliamentary sovereignty and the Parliamentary state. key terms in the bill include: frequent Parliaments, free elections, freedom of speech within Parliament, the principle of no taxation without Parilament’s approval.
Act of Settlement 1701
follow up of the Bill of Rights. main aim was to ensure a protestant succession to the throne.
Parliament Acts 1911 and 1949
severely reduced the power of the house of Lords. in 1909 the unelected, conservative/unionist dominated lords broke with Parliamentary convention and rejected the liberal government’s ‘people’s budget’ which led to a constitutional crisis. in 1910 ended the veto of lords over legislation.
European Communities Act 1972
enables accession of the UK to the European Economic Community (EEC). added to by further measures: single European Act 1987, the Lisbon Treaty 2007.
What is a constitution?
the laws, rules, practices by which a state is governed
What is a bill of rights?
A statement of the rights of citizens
What is are 2 characteristics of a codified constitution?
Written down and in one place/document
What is the word to describe an unwritten constitution and give an e.g.
Uncodified and UK constitution
Give an example of a codified constitution.
The US Constitution
What word is used to describe a constitution that is difficult to change?
Entrenched
What is a constitutional democracy?
One that operates within the framework of a constitution that sets limits on the power of the government and give rights to citizens.
hat are the sources of the UK constitution?
Statute law, convention, royal prerogative, common law, authoritative works, EU law
What is the main source of the UK constitution? Why?
Statute law because parliament is sovereign
What is another way of describing fundamental law when discussing a constitution?
Higher law
What are 2 advantages of having a codified constitution?
flexibility, adapts to modern times, no higher law, no entrenchment,
What is the legal procedure for amending the British constitution?
There is no special legal mechanism as just a simple act of parliament will do
What are the 3 features of parliamentary sovereignty?
The doctrine that parliament has legislative supremacy/there is no higher authority/successive parliaments cannot be bound by preceding parliaments
What is the difference between statute and common law?
Law that is derived from Acts of Parliament and law that is derived from decisions in court cases.
Which 3 institutions in the UK are needed to create laws?
The House of Commons, The House of Lords, The Monarch
Give 3 examples of statute laws that form part of the UK constitution.
Magna Carta, 1911 Parliament Act, 1949 Parliament Act,
How did Gordon Brown try to limit the power of the monarch?
By limiting the royal prerogative powers of the monarch to oversee treaties and legislating to give that power to parliament
Who generally exercises the royal prerogative?
Either the pm or government ministers
What convention does the King observe during the legislative process in the UK?
he assents to acts of parliament/she signs them into law
Why is the use of conventions unclear in the UK?
Because conventions come into being through usage they were often not written down and this created a lack of clarity in the UK constitution
What recent document clarified the status of conventions in the UK?
The Cabinet Manual 2011
why is the convention of appointing a pm in the UK ambiguous?
Because convention says that the largest party in the House of Commons should form a government. This is fine if there is an overall majority but difficult to sort out in the event of a hung parliament e.g. 2010
What is the Salisbury Convention
The practice that the House of Lords will not vote down a bill that seeks to enact a manifesto pledge.
Name 2 constitutional theorists.
Erskine May, Walter Bagehot
When did the UK become part of Europe and why did this change the constitution?
1 January 1973 and UK membership of EEC because the treaties and judgments associated with the EU have become part of the British constitution
What is a unitary state?
A state where power is concentrated at the political centre and all parts of the state are governed in the same way
What is a union state?
A state in which there are cultural differences and where different parts are governed in different ways
What are the 4 principles which underpin the UK constitution?
Rule of law, parliamentary sovereignty, the unitary state, parliamentary government in a constitutional monarchy
What 2 words describe a political system where a monarch is the head of state but power is exercised by a government?
Constitutionalmonarchy
there are are no constitutional restrictions on the scope of parliament’s legislative authority. True or False?
true
give one example of parliament’s right to reform itself.
1911 Parliament Act, House of Lords Reform, Constitutional Reform Act 2005
Why does the UK Supreme Court not have the power to strike down legislation for being unconstitutional?
because parliament is sovereign/the highest legal power in the UK
What type of vote is required in parliament to change the UK constitution?
A simple majority vote in either chamber
If the US has a separation of powers, what does the UK have?
A fusion of powers
What is another word for the executive?
Government
why has devolution challenged the supremacy of parliament?
Because devolution has transferred political power from central government to the regions.
What did the Human Rights Act of 1998 incorporate into UK law?
The European Convention on Human Rights
How many referendums have been held since 1975?
3 – EEC, Alternative Vote, EU
what is the Westminster model?
UK model where parliament is sovereign, there is a fusion of powers and power is centralised
when did devolution to the regions occur in the UK?
1998-1999
