the constitution Flashcards
define constitution
set of rules for the government and sets out power and responsibilities
why do we need a constitution
- political stability and order
- support democracy
- important after revolution or upheaval
- define a nation
- protects rights
- often basis of all laws
- helps to prevent abuse of power
define codified constitution
written down in one document and have a higher status than other laws, like USA
features of codified constitution
- entrenched- protected by higher courts and needs special procedures to amend
- federal- power is shared between institutions
- rigid- hard to amend and alter
- judicable- the judiciary are the final arbiters and guardians of the constitution and can declare the government’s actions unconstitutional
define uncodified constitution
made up of several sources which are not all written, and is the same status as other law, like UK
features of uncodified constitution
- non-entrenched- constitutional laws are no different from statue laws
- unitary- power is concentrated within a single body, like Parliament
- flexible- changed without lengthy or difficult process
magna carta 1215 on constitution development
- signed by King John to promote peace between him and his barons
- demand of monarchical power so they are less powerful
- stated no one should be deprived of liberty or property without due process of the law
bill of rights 1689 on development of constitution
- passed by Parliament in response to rule of King James II
- parliamentary sovereignty established
- reinforces habeas corpus- no illegal imprisonment
- protected freedom of speech in parliament
- only parliament can levy taxes
- no excessive bail or cruel or unusual punishment
- parliament must be held frequently
- free elections
act of settlement 1701 on development of constitution
- ensured crown would pass through sophia’s line and remain in protestant hands
- led to formation of the UK with inclusion of Scotland
- have to be a british citizen to be a MP
- no one receiving money from the crown can be a MP
acts of union 1707 on development of constitution
- parliament has control over all of UK but scotland wanted federal approach
- scotland keep their own church, legal system and local government
- referendums in 1979, 1997, 2014 for scottish devolution and independence
Parliament Act 1911 and 1949
- people’s budget proposed a new land tax which conservative peers opposed so liberal government reduced the power of the Lords
- they could delay legislation for 2 years, cannot veto bills that originated in the commons, and Parliament term reduced from 7 to 5 years
- 1949- reduced delaying power to one year and money bills could only be delayed for a month and not amended
- allows supremacy of commons as the elected house
- encouraged stronger views to be expressed in the Lords
European communities act 1972
- Britain joined european economic community ( now EU)
- EU law would take precedence over UK law
- helps when UK is in conflict and can refer to EU law
- voted to leave in 2016
sources of UK constitution in order of importance
- (EU law/ treaties)
- statute law
- common law
- conventions and authoritative works
what is statue law and examples
laws passed by parliament, which are sovereign as Parliament is sovereign
( 1998 Scotland Act, Government of Wales act and Northern Ireland act created devolved bodies)
what is common law and examples
legal principles laid down by judges in their rulings, which provides precedent for later judgements
(habeas corpus- protection against unlawful imprisonment)