Nature of the constitution Flashcards
Unentrenchment and uncodification good
.Rights can be easily updated and protected to suit a modern landscape (2010 Equality Act, 1998 Human Rights Act, Bill of Rights cancelled in 2023, Animal Welfare Act 2006) -> flexibility and evolutionary
.Flexibility - rather than going through lengthy amendment process, a simple act of parliament can update rights.
.Evolutionary - is able to adapt to the changing needs and values of society. Coronavirus Act 2020, Anti-Terrorism Crime and Security Act 2001 (ATCSA)
Unentrenchment and uncodification bad
.Uncertainty
.Lack of clarity
.Informal
.Vulnerability - the ease of constitutional changes means it can be used to change/limit rights through acts of parliament due to parliamentary sovereignty. Safety of Rwanda Act, Police Crime Sentencing and Courts Act 2022, Public Order Act 2023
Sources of constitution
.Statute law
.Judicial precedents.
.Conventions
.Authoritative works
.Treaties
Examples of statute law
.1998 Human Rights act
.2010 Equality Act
.Online Safety Act 2023
.Nationality and Borders Act 2022
Examples of judicial precedents/common law.
Salisbury convention
Salisbury convention gives a second reading to government bills that seek to implement manifesto commitments.
Hung Parliaments raise questions, 2017-19 Brexit supporters claimed that Lords amendments to EU withdrawal Bill violated the Salisbury Convention.
Examples of authoritative works
.Eskrin May (colloquially known as “The Bible to Parliamentary procedure”)
Examples of treaties
.UK-Australia free trade agreement 2021
.UK-New Zealand free trade agreement 2022
.Maastricht Treaty
.Lisbon Treaty