The Constitution Flashcards
What is a codified constitution? What is an example of it?
An authoritative, entrenched, judiciable constitution that is written down. an example of it is the US constitution.
What is an uncodified constitution? What is an example of it?
An uncodified constitution is not authoritative, entrenched or judiciable. They are as equal as any other laws.
What are the positives of an entrenched constitution and the negatives of an unentrenched one?
Difficult to change so it protects the laws. For example, UK constitution is easy to change so rights can easily be taken away.
What are the negatives of entrenched constitution and the positives on an unentrenched one?
It is flexibile. Easy to change over time. For example, US constitution is difficult to amend.
What are the sources of the UK constitution?
Statute Law, Common Law, Conventions and Authoritative works.
What is statute law and what are examples?
Laws made by parliament. e.g. Magna Carta, Bill of Rights, EU Withdrawal Act.
Also Constitutional Reform Act.
What is Common Law and what are examples?
Judicial rulings established over time. For example, R v R which illegalised forced sexual activity in a marriage.
What is a Convention and what are examples?
Customs or traditions that have endured throughout history. E.g. Salisbury Convention or IMR/CMR
What are authoritative works?
works by authors who are considered to be authorities on constitutional issues.
What is parliamentary sovereignty?
Supreme constitutional power is held in parliament
What are the rights of the monarch?
To be informed, to be consulted, to warn and to encourage.
What is the rule of law?
Everyone, including the government, is subject to the law and legal checks and constraints.
