The British Constitution Flashcards
What are the features of the UK constitution?
Parliamentary sovereignty
Uncodified
Unitary
Fusion Of Powers
Flexible
Explain what fusion of powers means?
The UK has fusion of powers which means the Prime Minister exercises functions in both the executive and the legislature. It means different bodies of government are connected. Until 2005 the Lord Chancellor was a full fusion of branches, being speaker of the HOL, government minister and head of the Judiciary.
Explain what Unitary means?
In the UK all powers are concentrated at the centre, and it is only the centre that can delegate powers out if it deems necessary.
What is the definition of common law?
A legal precedent a Judicial decision
What is statute law?
Statute laws are laws made by the UK parliament. It is important as it overrides other laws due to the nature of parliamentary sovereignty.
What does it mean that we have a constitutional monarchy?
The monarchy has no power over how the country is run, it is purely ceremonial. However the King has to invite the elected prime Minister to form a government. - If they didn’t it would cause a constitutional crisis.
What does the rule of law mean?
You are innocent until proven guilty
no one is above the law
everyone is entitled to a fair trial
Give an example of a convention
PMs resign if they loose an election or trust from their own party
Give an example of works of constitutional authority
Discus “introduction to the study of the law of the constitution” 1885
Define parliamentary sovereignty
Parliament has supreme legislative authority, enabling it to enact, amend, or repeal any law.
This principle ensures that no other body institution can override or challenge the will of Parliament.
Define Parliamentary government
The idea that the executive branch, headed by the prime minister and the cabinet, is drawn from and accountable to Parliament, ensuring democratic accountability and oversight
Define a constitutional monarchy
The monarchs powers are largely ceremonial and symbolic, with the real political authority residing in elected representatives and institutions
Give 3 arguments for why we should reform the UK constitution
1 Codifying key constitutional principles to provide greater clarity and accountability
2 Reforming the House of Lords to establish a duly elected chamber or implementing proportional representation in parliamentary elections
3 Electoral reform to mitigate the disproportionate influence of certain political parties and encourage broader participation in the democratic process
Give 3 arguments against reforming the UK constitution
1 The flexibility of the existing framework allows for pragmatic responses to evolving t challenges without disrupting the established political system
2 Potential sovereignty implications, as reform could raise questions about the supremacy of Parliament
3 The complexity and uncertainty associated with constitutional reform, along with the lack of consensus on the necessity and direction of changes
Give an example of unitary government?
The UK parliament can legislate on any matter, regardless of whether it pertains to England, Scotland, Wales, or Northern Ireland.
