Nature of the UK Constitution Flashcards
1
Q
List the aspects of the UK Constitution
A
- unentrenched
- uncodified
- unitary
- parliamentary sovereignty
- rule law
2
Q
‘unentrenched’
A
no specific procedure to amend the constitution; in the UK: a simple parliamentary majority is required
3
Q
Briefly list positives & negatives of an unentrenched constitution
A
positives: changed easily; moves along with the times; fits needs of society
negative: taken advantage of; erodes democracy, integrity & rights; easy to change
4
Q
‘uncodified’
A
- e.g. UK, Saudi Arabia, New Zealand
- many sources - added to over time, not written in one single document like the USA
- party written
- organic
- change over time
5
Q
‘unitary’
A
- this is where the central government (Westminister) has supreme power over all elements of government
- there may be ‘lower’ parliaments or governments but they only have the power granted to them by Westminister (i.e. devolution & the Senedd)
- most countries operate a unitary system
6
Q
‘unitary’ - positives?
A
- national interests prioritised
- strong & stable government with an effective leadership
- quick response in terms of emergencies
- grants power to other areas on their terms (devolution)
7
Q
‘unitary’ - cons?
A
- less checks & balances
- out of touch of the rest of the UK i.e. London prioritised
- other local initiatives not prioritised
- fewer opportunities in other towns/cities due to not being prioritised
8
Q
What is ‘parliamentary sovereignty’?
A
- the only institution that can create or end a law
- the courts cannot overrule parliament (unlike in the US)
- arguably the most important part of the UK constitution; it is recognised as a “twin pillar” (as well rule of law)
9
Q
What is the ‘rule of law’?
A
- the second ‘twin pillar’
- equal application of the law to everyone
- no person is above the law, including politicians
- a person should not be punished unless they have broken the law
