The Constitution Flashcards
Constitution
A set of rules and principles that establishes the limit on power, defines and protects the rights of citizens and establishes the relationship between the government and people.
UK constitution = uncodified (unwritten)
A constitution not contained in a single written document
Codified
A constitution written down and contained in a single source, such as the US Constitution (1787).
Unitary
There is a single or primary source of political authority; all legal sovereignty (supreme authority), is contained in a single place within a political system.
The rule of law
All institutions and bodies and all citizens, including those in the highest offices of state, must follow the law and will be held to account on an equal basis if they do not.
Statute law
Laws passed by parliament, via a simple majority vote of MPs in the House of Commons
Common law
Unwritten laws made by judges where the law does not cover the issue or is unclear
What are the 3 U’s of the UK Constitution
- Unitary
- Untrenched
- Uncodified
Untrenched
It’s easy to change (can be done with a vote in parliament)
Entrenched
A constitution is very difficult to amend or abolish
Limited government
The rules for government are established so it becomes clear when government oversteps a mark
Features of the UK constitution (PUUFF)
P- parliamentary sovereignty
U- uncodified
U - unitary
F - fusion of powers
F - flexible
Parliamentary sovereignty
- Sovereignty means supreme, unrestricted power
-It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change
Uncodified
- This type of constitution of not confined to a single document
- Much of it may be written down, but in a variety of document
Fusion of powers
- This is where legislative branch and executive branch of government intermingle.
