Nature & sources of bRITISH CONSTITUTION Flashcards
Constitution
a set of rules that sets out the powers and functions of various government
Codified constitution
all provisions are written in one place
when and why did England adopt a codified constitution
After Charles I abducted and Oliver Cromwell became Lord protector, he installed the ‘instrument of govt’,a d this was Englands first written constitution. However this didn’t last because the constitution fell apart after Cromwells death and Charles II became king.
Parliamentary sovereignty
principle in the constitution that makes parliament the ultimate authority
Statue laws
Most important source of the constitution. Acts of parliament and approved by the monarch
Eg: GRA 1832, HRA 1998
Common law
Laws defined by the judiciary also known as judicial precedence gives individual freedom of expression. Common laws can often be modified by statue laws.
Eg: there’s no law murder is a crime but its set out by the judges
Conventions
The ‘oil and grease’ that enables parliament to function efficiently and smoothly.
EG: 1945 Salisbury Addison convention where Lords agreed not to delay policies in manifesto
What is an important convention
after the general election, the monarch formally invites the leader of the largest single party to form a government.
What steps can be taken if conventions are being ignored
individual ministerial responsibility established that a minister involved with a scandal should be held responsible through resignation (however this is subjective)
What is the relationship between common laws and statute laws
Statue laws override common laws, which fill a gap between the laws
Rule of law
Nobody is above the law snd everyone must obey it. Applies to all ppl - judges, politicians. Therefore the law treats everyone as equal.
Royal prerogative
The formal powers of the monarch that have now been transferred to the PM. They are high profile powers that belong solely to the monarch to seek a dissolution of prorogation such as issuing UK passports
How can the royal prerogative powers be limited
- Acts of Parliament - Fixed-term Parliaments Act 2011
How did the case of proclamation(1610) weaken royal prerogative
It stated the king was not allowed to change common laws, nor create an offence without parliaments permission
Manga Carta 1215
Treaty that established the precedent that the kings powers are limited, ensuring he would consult barons on certain matters.
King was subject to the law
Bill of rights 1689
Between the King and parliament.
Stated parliament must meet frequently, elections must be free and freedom of speech within parliament - parliamentary privilege
Acts of settlements 1701
Legalised the need for a Protestant monarch, never a Catholic one
- Increased the power of parliament
Parliament act 1911 & 1949
Reduced the rights & powers of the unelected Lords
- 1911: reduced power to veto legislation &
- 1949: could delay legislation only a year
BJ criticising the parliament act
His government blames Fixed term parliaments act for the gridlock that plagued during 2017-19 parliament
HOUSE OF LORDS ACT 1999
Removed from the lords all but 92 hereditary peers and allowed introduction of nominated life peers
HOUSE OF LORED REFORM ACT 2014
Gave existing peers the right to resign or retire from their seats in the Lords, as well as enabling the removal os peers convicted of serious crimes
How could be British constitution be reformed further
- lowering the voting age
- making voting compulsory (Australia)
- making use of e-democracy as in online voting
- extending devolution
What is constitutional sovereignty
When a codified constitution has ultimate authority. No parliament or govt can pass laws or undertake actions that are ruled by the courts unconstitutional.
Constitutional Reform Act 2005
Established a SC to establish a separation of powers between the judiciary and the legislature because the lords were both. Law lords re now sat in Middlesex guildhall.
Reformed the way judges were selected through a JAC
Freedom of information Act 2000
requires public bodies to make public available info about their activities
To promote openness and transparency among public authority that benefit taxpayers money
Fixed term Parliaments Act 2011
passed following the coalition govt between Lib Dem and conservatives
- weakened the power of the PM to call a snap election by dissolving parliament
- Parliament now needs a 2/3 majority to call an early election
Greater Democacy
- Referendums Act 1997
- Greater London authority Act 1999
- National referendum
Constitutional and Human Rights
- HRA 1998
- Freedom of Info Act 2000
- Equality Act 2010
