Nature of the constitution Flashcards

1
Q

Unentrenchment and uncodification good

A

.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)

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2
Q

Unentrenchment and uncodification bad

A

.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

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3
Q

Sources of constitution

A

.Statute law
.Judicial precedents.
.Conventions
.Authoritative works
.Treaties

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4
Q

Examples of statute law

A

.1998 Human Rights act
.2010 Equality Act
.Online Safety Act 2023
.Nationality and Borders Act 2022

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5
Q

Examples of judicial precedents/common law.

A
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6
Q

Salisbury convention

A

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.

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7
Q

Examples of authoritative works

A

.Eskrin May (colloquially known as “The Bible to Parliamentary procedure”)

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8
Q

Examples of treaties

A

.UK-Australia free trade agreement 2021
.UK-New Zealand free trade agreement 2022
.Maastricht Treaty
.Lisbon Treaty

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