The Constitution Flashcards
What is a constitution?
A set of rules which determine where soverigenty lies in a political system. It establishes the relationship between the government and the goverened.
What is a uncodified/codified consitution?
Uncodified: not contained in a single document
codified: written in a single document.
What are the functions of a constution?
- establishes how a state/society is governed
- defines the relationship between the state and the people
- shows which bodies have power
- sets out how different branches of the government work
- limits the power of government
- provides a defence for citizens against the government
- acts a higher form of law.
What are the features of the Uk constitution
- uncodified, comes from many sources and not a single document
- unentrenched- flexible and can easily be changed. constitutional laws have the same status as normal laws
- unitary, ultimate power is centralised in one place with laws equally applied to everyone
- unjudiciable, parliament is sovereign, no higher laws and judges have little power over the constituion.
What are the sources of the UK constitution
- Statue law
- Conventions
- Common Law
- Authoritative works
- Treaties
What is statue law
laws that are passed by parliament and overrule any other laws
What are conventions
unwritten customs that acquire legal status and can be altered by changing practices.
What is common law?
Legal principles developed and applied by judges, judicial review is used to establish the meaning of other laws.
What are authoritative works?
works that explain the meaning of the constitution
What are treaties
agreements with foregin nations that impact on the workings of the uk
Constitutional reforms 1997-2010
- Lord reforms
- electoral reforms
- devolution
- The Human Rights Act
- The Supreme Court
Constitutional reforms 2010-2015
- The Wright Reforms
- The Fixed Term Parliament Act
- Recall Of Mps
- further devolution
- Lords Reform
- Electoral Reforms
Constitutional 2015-
- Leaving the EU
- Scotland Act 2016
- English votes for English laws.
Arguments for a codified constitution
- give greater authority to judiciary
- limit power of government
- clarify the workings of the political system
- educate the public
- would entrench basic rights.
Arguments against a codified constitution
- would give unelected judiciary too much power
- would weaken the effectiveness of parliament
- could become too rigid and inflexible
- little public demand
- rights can become outdated.
