Nature And Sources Of The UK Constitution Flashcards
What is a constitution
The set of laws, rules and practices that create the basic institutions of the state… and relationship between the different institutions. - House of Lords select committee on the constitution
What is a codified constitution
A single document that sets out the laws, rules and principle by which a state is governed adn protects the rights of citizens
What is an uncodified constitution
A constitution which is not written in one single document however sourced from many different parts e.g. Statute Law, Common Law, Royal Prerogative, conventions and authoritative works.
What is entrenchment
Difficult to change often requiring super majorities or approval by referendum
What is fundamental law
Constitutional law that is deliberately set above regular statute in terms of status.
What is statute law
Law created by the Houses of Parliament, they are implemented by the executive and enforced by the courts
1832 great reform act
Parliament acts 1911 and 1949
What is common law
These are law’s derived from general customs or traditions and the decision of judges. the power of Judicial Review is used to clarify or establish legal positions where statute law is absent or unclear
What is the royal prerogative
Original powers held by the crown that are exercised by Government ministers in the monarchs name.
Appointing ministers and choose the prime ministers
Giving royal assent to legislation
Declaring war and negotiations of treaties.
What are conventions
These are rules or norms of behaviour that are considered binding.
The 2011 cabinet office manual sought to bring together many of these conventions in a single document.
Party with the most amount of seats runs the government.
What are authoritative works
A handful of long-established legal and political texts that have come to be accepted as the reference points for those wishing to know precisely ‘who can do what’
A. V. Dicey’s: An introduction to the study of the law of the Constitution (1885)
What are the key principles that underpin the UK constitution
Parliamentary sovereignty
The rule of law
A unitary state
Parliamentary government under a constitutional monarchy
What is a unitary state
Where sovereignty is located at the centre, a central government has supremacy over other tiers of government.
What Is devolution
Where the central government delegates power to another, lower their of government
What is parliamentary sovereignty
Where parliament is sovereignty and absolute legal authority within the state is concentrated in parliament.
What is sovereignty
Legal supremacy: absolute law making authority.
What is the rule of law
This defines the relationship between the state and its citizens, ensuring that no one including the monarch or government is above the law.
3 main strands A.V. Dicey
- no one can be punished without trial
- no one is above the law
- the general pricples of the constitution are from judge made common law
What are civil liberties
Fundamental individual rights and freedoms that ought to be protected from interference or encroachment by the state.
Unitary V. Union V. Federal
Unitary is highly centralised, government has ultimate authority, centre dominates political, economic and cultural life of the state, all areas are governed in the same way
Union state’s component parts have come together through a union of crowns or by treaty. High degree of administrative standardisation, political power is concentrated at the centre but component nations have some degree of autonomy.
Federal is a state which the consittuion divides decision making authority between national (federal) and regional (state), theirs of government are protected, regions within the state have distinct political and cultural identity
Strengths of the UK constituion
Adaptability - as not entrenched can change quickly
Strong government - usually a majority in government
Accountability - accountable to both parliament and by the electorate.
Weaknesses of the UK constituion
Outdated and undemocratic
Concentration of power
Lack of clarity
What is devolution
This involves the transfer of certain executive and legislative powers from central government to sub national institutions.
1998 scotland act - Parliament
1999 N Ireland and Wales act - Assemblies
What is the West Lothian question
This is where devolved nations can vote and influence the outcome of laws which only affect England.
What is the Barnett Formal
This is a equation which decides how much money per head each devolved nation gets.
Bad as citizens in devolved nations are getting more money per person than English citizens.
What is EVEL
English votes for English laws
