PUBLIC LAW L4 - Constitutions & Conventions - CHARACTERISTICS OF UK CONSTITUTION Flashcards
Is the UK constitution codified? (1)
No, it is uncodified.
What is meant by uncodified? (2)
A constitution is not contained completely in a single document, it is both written and unwritten.
What is Professor Albert Venn Dicey’s definition of constitution? (1)
The set of rules which directly or indirectly affect the distribution and exercise of sovereign power in the state.
What is meant by ‘sovereign power’? (2)
It can simply mean the monarch. In contemporary times it can be understood to mean ‘the power of government overall through its various agencies’.
What is the legislature? (3)
The body that enacts new law and repeats or amends existing law. It is carried out by HOC and HOL. Monarch’s role is limited to granting ‘royal assent’ to new law.
What is the executive? (2)
The body which formulate and implement policy. It consists of PM and Cabinet, various government departments ( ministries ), a politically neutral civil service and other bodies carrying out government functions at the local levels.
What is the judiciary? (3)
The body of all judges of all levels of seniority, who are responsible for the enforcement of the civil and criminal law and then adjudication of disputes between individuals and between individuals and the State.
Describe the evolution of UK constitution? (2)
It has evolved over centuries of political change and has the capacity to evolve without special procedure.
What are constitutional rules in the UK made up of? (3)
Combination of legislation, case law and accepted practices.
What is the UK constitution reliant on? (1)
Conventions.
What is there a lack of in regards to the UK constitution? (2)
Lack of certainty and formal security.
What does it mean when the UK constitution is described as ‘flexible’? (1)
It can change and adapt to social and political developments.
What are conventions? (2)
Rules about the conduct of government which fall short of being enforceable laws but are still agreed upon and should be respected e.g. the King does not refuse royal assent to Bills of Parliament once they have passed through the HOC and HOL.
What is the purpose of a constitution? (2)
To regulate and make as predictable as possible. Predictability is essential for the stable, peaceful and fair functioning of society.
What principles does the idea of constitutionalism contain? (4)
Exercise of government power must be within legal limits.
Power is dispersed, so power does not become concentrated in one body.
The government is accountable to people.
The fundamental rights and freedoms of citizens are protected.
