The constitution Flashcards
What is a constitution?
The laws, rules and practises which determine the institutions of state, and the relationship between the state and its citizens
Define sovereignty
Legal supremacy or absolute law making authority
What makes the British constitution highly unusual?
It is uncodified
Why is the UK constitution considered uncodified?
The major principles of the political system can not be found in a single authoritative document. Instead, they are located in various acts of parliament, decision of courts and conventions
What are the implications of the UK constitution?
- The constitution does not have the status of higher or fundamental law - it has the same status as other laws made by the legislature
- There are no special procedures for amending the constitution - it can be amended by acts of parliament in the same way as other laws
- Parliament determines what is acceptable under the constitution, rather than any kind of constitutional court
- There is no definitive criterion for what is unconstitutional
What does parliamentary sovereignty mean?
It states that Westminster parliament is the supreme law making body
Why can parliament legislate on any subject of its choosing?
There are no constitutional restrictions on the scope of parliaments legislative authority
Why can legislation not be overturned by any higher authority?
The courts cannot strike down any statute as unconstitutional
Why can no parliament bind its successors?
All legislation is of equal status; legislation that brings about major constitutional change has the same status as other legislation. It is not entrenched; one piece of legislation can be amended just the same as any other
Define legitimacy
Rightfulness; a political system is legitimate when it is based on the consent of the people and actions follow from agreed laws and procedures
Why is parliamentary sovereignty in practise different to parliamentary sovereignty in theory?
Executive dominance of the legislature, means that the government, rather than the house of commons, holds sovereignty
Name the four key recent developments that have challenged parliamentary soverieignty
- EU membership
- HRA
- Increased use of referendums
- Devolution
Define referendum
A vote on a single issue put to a public ballot by the government
Who had precedence over British domestic law between 1973 and 2020?
The EU; this meant that in a conflict between the two, EU law had to be applied
Why did EU membership come as a challenge to parliamentary sovereignty?
Because there was now a higher authority that could overturn acts of parliament
Why did parliament still retain ultimate decision making authority while a part of the EU?
Because it could decide to leave the EU
Why is the idea of parliamentary sovereignty still questionable, even after exiting the EU?
Cross border challenges like migration and climate change cannot be tackled effectively by one nation state in isolation
What did the HRA do?
Incorporated the rights set out in the ECHR into UK statute law. This meant that all new legislation had to be compatible with these rights
Why did parliament still remain an element of sovereignty after the HRA was passed?
The courts could not automatically strike down laws; if they find legislation to be incompatible with the act, it is for parliament to decide whether or not to launch the appeal
What have Holyrood, Senedd and Stormont all been given by devolution?
Primary legislative authority on devolved matters, like education and health
How did UK parliament retain its sovereignty in spite of devolution?
Even though they could no longer legislate on areas such as education and health, they still have sole authority over ‘reserved matters’ like the UK economy, foreign policy and the constitution
What did the 2016 Scotland Act state?
That Scottish parliament and government are permanent institutions that cannot be abolished without the approval of a referendum
Why did many see the Scotland Act as an unnecessary piece of legislation?
Because Westminster would already face enormous difficulties if it attempted to remove these bodies without their consent
What three constitutional issues have referendums been recently used to settle?
- EU membership
- Devolution
- Electoral reform
What kind of shift does the increased use of referendums represent?
A shift away from parliamentary sovereignty and towards popular sovereignty
Why is it incidental that referendums are advisory rather than binding in practise?
Because the legitimacy of parliament would be damaged if it ignored the result of referendums
