The Constitution Flashcards
Give three sources of the constitution.
Source of the Constitution:
- Common law
- Statute law
- Conventions
- Authoritative works
- EU Law
Give an example of common law.
R (Miller) v. The Prime Minister - prorogation of parliament was ultra vires.
Give an example of statute law.
Freedom of Information Act 2000 - public information requests.
Give an example of an authoritative work.
Authoritative works:
- A.V. Dicey’s ‘Introduction to the Study of the Constitution’. (1884)
- Walter Bagehot’s ‘The English Constitution’. - distinguished between ‘dignified’ and ‘effective’ sections of the constitution.
Give the publication year of Walter Bagehot’s ‘The English Constitution’.
1867.
Give an example of a constitutional convention.
Constitutional Conventions:
- Royal Prerogative - E.g. 2021 BJ’s decision to mobilise navy vessels regarding French fishing tensions.
- Salisbury convention - e.g. Hunting Act 2004.
- Individual Ministerial Responsibility - Ministers should resign due to departmental failure. E.g. David Blunkett 2004 regarding visa scandal.
- Collective ministerial responsibility - ministers should publicly agree with cabinet decisions or resign - E.g. BJ resigning over Brexit withdrawal agreement in 2018.
Give an advantage of a codified constitution.
Advantages:
✔ No concentration of power - e.g. Thatcher and Blair’s controversial policies passed with little hinderance (Poll tax/Iraq War).
✔ Elements of the UK constitution are anachronistic e.g. HoL.
✔ Prevent and ‘elected dictatorship’ - providing checks and balances.
Give a disadvantage of a codified constitution.
Disadvantages:
❌ Reflect the mood of the time - zeitgeist
❌ Difficult to amend - e.g. Brexit would be even more difficult.
❌ Weak governments - e.g. Blair faced 0 defeats between 1997 and 2005.
❌ Who would create it?
What did the Magna Carta (1215) enact?
- The king was subject to the law.
- Right to ‘trial by your peers’. (Jury)
Is the Magna Carta significant?
Yes, it has been cited in many modern treaties e.g. Universal declaration of Human Right 1948 and the ECHR.
What did the Bill of Rights 1689 enact?
- Created the notion of Parliamentary sovereignty
- Parliament must meet frequently
- Elections must be free and fair.
What did the Acts of Settlement 1701 enact?
- The Monarch existed on Parliament’s terms.
- The Monarch was subordinate to Parliament.
What did the Parliament Acts 1911 & 1949 enact?
1911 - HoL could block bills for 2 years.
1949 - Reduced to one year.
What did the European Communities Act 1972 enact?
- British law is subordinate to EU law.
- Impact Britain’s control over immigration and trading.
Give three constitutional reforms in the UK since 1997.
Constitutional Reforms since 1997:
- Freedom of Information Act 2000 - drew attention in the 2009 expenses scandal - 37% of requests are ignored.
- Constitutional Reform Act 2005 - created the separate Supreme Court in 2009 - s.3 - ‘must uphold the maintained independence of the judiciary’ - removal of Law Lords who could be easily swayed by politics due to their role, physically, within the legislative branch.
- Human Rights Act 1998 - aimed to ‘bring rights home’ - outlined the practices of human rights claims in the UK - e.g. s.12(4) places emphasis on journalistic expression - upholds a freer press - significant in a democracy - upholding the methods of government scrutiny.