The constitution Flashcards
unentrenched
no formal way to change or adapt constitution
uncodified
constitution is not found in one single document, instead a variety of sources
what is a constitution?
rule book for state, sets out fundamental principles by which state is governed, outlines who was what responsibilities
what does a constitution prevent?
government from getting too powerful
what 3 countries have an uncodified constitution?
UK, Isreal, New Zealand
functions of constitution
- determine how sovereignty is distributed
-determine balance of power between institutions and GOVt
-establish political process
-sets limit of GOVt power
-asserts rights of citizens
-establish how citizenship and nationality is established
-contains rules for its own amendments
name 3 sources of the UK constitution
1998 human rights act
(made ECHR be able to enforced in laws)
1689 Bill of Rights
(statement of citizens rights including right to bear arms)
1215 Magna Carta
(limited power of sovereign)
what is statute law
Act of Parliament
what is common law
laws established through the courts as a result of interpreting the law
what is a treatie
international agreements that bind on to the UK
what is authoritative works
great works of legal authority which act as a guide to operation of constitution
what is convention
unwritten principles that are accepted as legally binding in the political community
example of statute law
EU Act 2020.
Confirmed withdrawal of UK from EU
example of convention
The Salisbury Convention
HoL must not obstruct proposals contained in winning parties election manifesto
example of authoritative works
coalition agreement 2010
set our rules for forming a coalition GOVt.
Cons-LibDem
example of a treatie
NATO
example of common law
the offence of murder
Bill of Rights
1689
limits power of royals and gives sovereignty to Parl
regular free elections
stop cruel punishments
basic rights of citizens
Act of Union
1701
official union between Scotland and England
No catholics on the throne
Royal power passed to Parl
HRA 1998
right to a fair trial
triggered by the ECHR
legally binding
liberty and personal security
GOVt of Wales Act 1998
national assembly in wales created
Scotland Act 1998
establishment of Scottish Parl
Additional member system
HoL act 1999
removed all but 92 hereditary peers
constitutional reform act 2005
established a Lord Speaker in HoL and creation of supreme court
true or false
uncodified allow for easy reform
true
True or false
referendums on constitutional matters can technically be overturned by parliament
true
unitary (federal)
all legal sovereignty contained in a single place
parliamentary sovereignty
Parl can make, unmake or amend any law
devolution
dispersal of power, but not sovereignty
constitutional monarchy
monarch is head of state but has no power to pass legislation
lack of separation of powers
3 branches of GOVt overlap with eachother and roles are less defined
In the UK, who (or what) has political sovereignty?
Electorate
in the UK who (or what) has legal sovereignty?
parliament
What process does the Supreme Court use to challenge executive actions?
Judicial Review
Most referendums in the UK do not need to be respected/acted on by Parliament - what is the term for this?
Advisory
Which 1991 case established the primacy of EU law over UK law?
Factortame
The Supreme Court decided in 2017 that who/what needed to be consulted before the triggering of Article 50?
Parliament
article 50
voluntary and unilateral withdrawal of a country from the European Union
What created the European Union in 1991?
Maastricht Treaty
Which law created the Supreme Court?
Constitutional Reform Act
arguments IN FAVOUR of further devolution
-Devolution has been successful
-There are strong regional identities in areas such as Cornwall
- ‘West Lothian question’
-under the Barnett formula, England receives less funding from UK taxes per capita than other UK regions.
arguments AGAINST extending devolution
-EVEL- no need for english parl
-There is little public appetite for an English Parliament( strong no vote for NE assembly )
-Power may end up being too fragmented,
advantages of unentrenched constitution
flexible
evolutionary
Interpretation
Customary Law
Customary Law
a general practice accepted as law
how much of the uk constitution is written
80% written
20% convention
