The Consitution Flashcards
What is a constitution?
A set of principles for how a country is governed.
What are the features of the constitution?
- it is uncodified and unentrenched
- it is unitary
- it is based on parliamentary sovereignty
- there is no separation of powers
- a strong executive
- the rule of law
- constitutional monarchy and prerogative powers
What are the sources of the uk constitution?
- statute law
- common law
- traditions
- convention
- works of authority
- EU law
What are the three elements of the rule of law?
- Nobody can be punished unless convicted of an offence by a court of law
- the law applies to everyone
- the government is subject to laws and cannot exceed them
What is a unitary constitution?
One whose sovereignty resides in one location. The central sovereign power can overrule all other bodies and has the right to restore political power to itself.
E.g UK,FRANCE,ITALY,CHINA,PAKISTAN
What is a codified constitution? And what countries have one?
One which has a single source.
- US, VIETNAM, IRAQ,IRAN, NORTH KOREA
What is an uncodified constitution? And what countries use it?
One which has many different sources.
UK, SAUDI ARABIA, NEW ZEALAND, ISRAEL
What are the features of a codified constitution?
- Authoritative (binds all institutions, president can’t change it willingly without 2/3 of congress)
- Entrenched (difficult to amend or abolish)
- Judiciable (judges can declare whether a law or action is constitutional or not)
What are the features of an uncodified constitution?
- not authoritative (have the same status as ordinary laws)
- not entrenched
- not judiciable
What are the advantages of a codified constitution?
- clear rules
- limits power of government
- protects rights
- interpretation by judges
What are the advantages of an uncodified constitution?
- adaptable
- power lies with elected officials s
- easier to get things done
- fairer
- it works(practical)
What is a federal constitution?
In a federal constitution power is divided between central bodies and regional institutions. E.G US, GERMANY, AUSTRALIA,INDIA
What are parliamentary statute laws and what are some examples?
-laws passed by the uk parliament
E.G:
-the Human rights act(1998)
-the freedom of information act (2009)
What are conventions and what are some examples?
-unwritten rules that are generally followed by those involved in government and politics.
E.G:
-the Salisbury convention
-collective cabinet responsibility
What are works of authority and what are some examples?
These are books and documents which are not laws but are generally followed.
E.G.
-the bill of rights
-A.V. Diceys nineteenth century rule of law