The Constitution Flashcards
What is a constitution?
A constitution is a body of rules that defines the manner in which a state or society is organised, often establishing checks and balances between the political institutions (e.g. executive, legislature, judiciary, federal gvt vs states)
What does a constitution set out?
Limits on gvt power, protects rights of the citizens, and establishes relationship between gvt and people.
What can no constitution do?
No constitution can spell out exactly what should happen in every eventuality
Although no constitution can spell out exactly what should happen in every eventuality what does it provide?
It simply provides a framework upon which more complex rules, structure and processes can be built
What is the format of a
- codified constitution
- un-codified constitution ?
codified- a single authoritative document
un-codfied-a less tangible constitution, drawing up upon a range of written and unwritten sources
What is an example of a country with a
*codified
*un-codified
constitutions?
- USA
- UK
What are the 5 main sources of the British Constitution?
1) Statute law
2) Common law
3) Conventions
4) EU laws and treaties
5) Works of authority
What is constitutional statute law ?
those Acts of Parliament that play a key role in defining the relationship between the government and the people or between different elements of government
What are 3 examples of statute law?
- Human Rights Act 1998
- Parliament Acts 1911 and 1949
What is the supreme source of the UK constitution?
statute law
What can pass a new statute or unmake any existing law and overturn any other constitutional practise?
the doctrine of parliamentary sovereignty
What is Parliamentary Sovereignty?
the doctrine of parliamentary sovereignty holds that the Westminster Parliament retains supreme political power within the UK system of government
What is common law also referred to as?
case law
What is common law?
this refers to established customs and legal precedent developed through the actions of judges
What were most traditional civil liberties available to UK citizens such as freedom of speech established by?
common law
What is the royal prerogative rooted in?
common law
What is the royal prerogative?
this consists of those powers traditionally exercised by the monarch. Many of these powers are now exercised by the PM on behalf of the monarch
What are conventions?
conventions are traditions or customs that have evolved over time and become accepted rules of behaviour
Do conventions have legal standing?
no
Why can conventions be easily overturned with the passing of a parliamentary statute?
as they have no legal standing
What doctrine of cabinet is rooted in convention?
Collective responsibility
What is collective responsibility?
This is the principle that as decisions are taken collectively within cabinet, cabinet members are expected to support publicly those decisions made or resign their posts
Under what Act did the UK incorporate the Treaty of Rome 1957 into UK law?
European Communities Act 1972
What impact did the incorporation of the Treaty of Rome 1957 have on the UK law?
This gave EU laws and treaties precedence over our own national laws
Although UK law is bound by EU laws, what does parliament have the right to do?
They have the right to repeal the 1972 Act and subsequent treaties, and thereby withdraw from the EU
What are Works of Authority?
These are scholarly texts which serve to codify practices not outlined on paper else where
What authority do ‘Works of Authority’ have?
a persuasive authority
What gives Works of Authority certain status?
the fact that many of them have been used as constitutional references for well over 100 years
Who are three authors of ‘Works of Authority’?
- Walter Bagehot
- Erskine May
- A.V Dicey
What book did Walter Bagehot write?
‘The English Constitution 1867’
What book did Erskine May write?
‘Parliamentary Practise 1844’
What book did A.V Dicey write?
‘An Introduction to the Study of the Law of the Constitution 1885’
Although statute law has historically been said to be the supreme source of the UK constitution, what recently have seen the primacy of statute law questioned?
The expansion in the range and depth of EU laws and regulations
Give 5 words to describe the UK constitution
Uncodified, Unentrenched, Flexible, unified & based around parliamentary sovereignty.
Why is the UK constitution often described as evolutionary?
It developed over a long period of time with small changes. Most codified constitutions are a result of civil war or revolution.
What does having an unentrenched constitution mean for the UK?
It means constitutional laws have no different status to other UK laws and can be changed with a simple act of Parliament.
This is also one of the reasons why the UK Supreme Court has limited powers to amend UK laws due to their being no ‘higher laws’.
What does it mean to say that the UK constitution is unitary?
Sovereignty rests in a single source (Parliament). Although devolved assemblies have law making powers, these powers are granted to them by parliament and could in theory be removed or abolished.
Give an example of UK Parliament taking back power from a devolved body.
Thatcher abolished the Greater London council in 1985 (Blair brought back the London Mayor in the 90s).
Northern Ireland is a different situation. The UK gvt took back control over N.I. whilst their parliament wasn’t sitting due to disagreements between unionists and nationalists.
What are the ‘twin pillars’ of the UK constitution?
Parliamentary Sovereignty and the Rule of Law
Explain Parliamentary Sovereignty
Supreme power rests with the Westminster Parliament. This is seen as a fundamental element of the constitution. No parliament can bind future parliaments. Parliament can always change the constitution.
Why do some argue that Parliamentary sovereignty is an illusion?
Because they argue that power actually is distributed to others due to executive dominance, devolution, increased use of referendums and pooled sovereignty to international institutions such as the EU.
Explain ‘the rule of law’
Everyone and all institutions are bound by the law and no-one is above it - including the government.
One of the Supreme Court’s roles is to ensure that the law is fairly and consistently applied to all.
