Nature of the constitution Flashcards
List the 5 key principles the underpin the constitution
- Parliamentary sovereignty
- The rule of law
- A unitary state
- Uncodified and unentrenched
- Parliamentary government as part of a constitutional monarchy
What is a unitary state?
One where sovereignty is located at the centre. The central government has superiority over other tiers of government which it can reform or abolish. All parts of the state will be governed in the same way
Define sovereignty
Absolute law making supremacy that is not subject to a higher authority
What is parliamentary sovereignty?
The idea that parliament has absolute legal authority within the state. Parliament can legislate on any matter of its choosing, its decisions cannot be overturned by any higher authority and it cannot bind its successors
Define devolution
This is where a central government delegates power to a, usually lower tier, form of government, while retaining ultimate sovereignty
What three things have called parliamentary sovereignty into question?
- Devolution
- EU membership
- Increased use of referendums
How was EU membership a threat to parliamentary sovereignty?
Parliament agreed to make itself subservient to EU law
How has devolution threatened parliamentary sovereignty?
Scottish parliament now has tax varying powers and primary legislative authority over lots of areas. It has grown to a point where it would be almost impossible to abolish
How have referendums threatened parliamentary sovereignty despite being technically only advisory in nature?
There increased use since 1997 has transferred a certain degree of legislative power away from parliament and back towards the people
What kind of practical concerns is parliamentary sovereignty limited by?
The desire of MPs to be re elected and parliament’s need for money to cover its expenses
Describe the difference between power and sovereignty
Power is a more flexible concept that can be added or reduced by bodies that hold sovereignty. The distribution of power in a constitution is dynamic, whereas the distribution of sovereignty will be static. Sovereignty is about politics in theory, power is about politics in practise
Define political sovereignty
The ability to exercise legal power, the reality of matters as opposed to pure principles
Define popular sovereignty
The idea that the will of the people must be listened to in order to maintain a peaceful democracy
Define pooled sovereignty
Parliament may choose to share its authority with other supra-national organisations
Explain the idea of the rule of law
A legal theory holding that the relationship between individual and state is governed by law, protecting the individual from arbitrary state action
State the three main strands of the rule of law
- No one can be punished without trial
- No one is above the law, and all are subject to the same justice
- The general principles of the constitution stem from judge-made law, rather than parliamentary statutes or executive orders
What does it mean to say that everyone is equal under the law?
Individuals are all entitled to a fair trial and should not be imprisoned without due process
Who do the courts have the power to hold to account for acting outside the law or neglecting their duties under the rule of law?
Government ministers, public officials and police officers
What must parliamentary laws be passed and interpreted by?
An independent judiciary free from political interference. This ensures the rights of citizens are protected from arbitrary executive action
What can citizens do if they feel unfairly treated by the government?
Take them to court
Why does it not matter that parliament theoretically has the sovereignty to abolish the freedoms guaranteed under the rule of law?
Because any effort to oppose them would be seen as illegitimate and undemocratic, making this untenable in practise
What kind of society should the rule of law produce in theory?
One that is rational and well-ordered, as everyone will be treated fairly and face the same consequences for set actions
