Paper 1 - Topic 1 - The UK Constitution Flashcards
What is a constitution?
A system of rules which describes:
- the structure and powers of the government
- the relationship between the government and the citizen
What is the nature of the UK Constitution?
- uncodified
- unitary
- rule of law
- parliamentary sovereignty
What is an uncodified constitution?
A constitution that is not written or found in one single document, but instead has a variety of sources
Significance of an uncodified constitution
- more difficult for citizens to understand their rights and how their political system works
+ easier to adapt as no complicated procedures are required to amend it
What does unitary mean?
All power ultimately derives from central government
What is the significance of the UK Constitution being unitary?
+ the Westminster Parliament is sovereign and is therefore very powerful
- any power given to the regions (eg: through devolution) is delegated, not transferred permanently
What is rule of law
Everyone is equally subject to the laws of the land, including those who make them
What is the significance of rule of law?
+ it identifies Britain as a modern liberal democracy
+ it ensures the powers of the government are limited
What is parliamentary sovereignty?
- basis of the UK Constitution
- parliament is the supreme authority in Britain
- parliament’s laws cannot be struck down by a higher authority
What is the significance of parliamentary sovereignty?
+ flexible and easy to change
- no parliament can bind its successor - the constitution can be changed or reversed over time
What are the five sources of the UK Constitution?
- statute law
- common law
- conventions
- works of authority
- treaties
What is statute law?
Acts of parliament passed by both the House of Lords and the House of Commons
What are some examples of statute law?
- Magna Carta (1215)
- Bill of Rights (1689)
- Human Rights Act (1998)
What is the significance of statute law?
+ UK Constitution remains flexible and adaptable
- Acts can be removed - eg: HRA changing to British Bill of Rights (Sunak)
What is common law?
Judicial decisions, case law and legal precedents established by the court
