The constitution Flashcards
What is parliamentary sovereignty?-Key principles
Parliament can legislate on any subject of its choosing, legislation cannot be overturned by any higher authority, No parliament can bind its successors.
What is the rule of law?-Key principles
defines relationship between the state and its citizens, ensuring the state action is limited and responsible.
No one can be punished w-out trial
No one is above the law, and we are all subject to same justice
the general principles of constitution, such as personal freedoms, result from judge-made common law, rather than parliamentary law.
What is a unitary state?-key principles
constitutions classified according to whether they concentrate political power at centre or divide it between central and regional government. British constitution is unitary, because highly centralised state in which legal sovereignty is retained by Westminster parliament.
What does a unitary constitution consist of?-Key principles
Subnational institutions do x have powers that are constitutionally safeguarded
regional government may be weak or non-existent
local government has little power.
What is parliamentary government under a constitutional monarchy?
government ministers are accountable to parliament and legally accountable to crown and must face verdict of elecotrate every 5 years.
Balance of power between different institutions of state has altered over time. Glorious revolution of 1689 established supremacy of parliament over monarchy.
What are they key conventions of the constitutional monarchy?- Key principles
Monarchy retained formal powers (e.g.-agree to laws) but their usage was constrained.
The extension of the franchise enhanced the position of the HoC-it had overtaken HoL as the predominant legislative chamber by early 20th century.
What has the emergence of strong political parties led to regarding parliamentary government under a constitutional monarchy?-Key principles
led to cabinet exercising considerable power over HoC. In 1800s A.V Dicey defined UK political system as one of cabinet government. Cabinet was then key policy making body. Some argue after Blairs time in office it is now prime-ministerial government instead.
What is statue law?
law created by parliament. However x all acts of parliament are of constitutional significance, e.g.- 1991 dangerous dogs act is hardly constitutional. But state law is the supreme source of constitutional law in the UK because parliament is sovereign.
What are recent examples of statue law?
Scotland act, 1998, creating Scottish parliament
Human rights act, 1998, Incorporated the rights set out in ECHR
fixed term parliament act 2011, established fixed 5-yearly elections to HoC.
What is common law?
compromises laws passed down over years by legal judgement in courts, process known as judicial precedence. Senior judges in UK higher court use their power of judicial review to clarify a legal position where statue law is absent or unclear.
What are some examples of common law?
freedom of expression and the criminality of murder. However statue law is supreme due to parliamentary sovereignty so lawmakers can overturn common law through passing Acts of parliament.
UK courts therefore cant declare govts actions unconstitutional- only unlawful or incompatible w Human rights act.
What are conventions?
rules or norms of behaviour that are considered to be binding. Although they are neither codified nor legally enforceable.
What is the problem with conventions?
They are hard to define and are unclear, e.g.- there is a convention that the government will resign or call a general election if defeated on major bill by HoC, but there is debate about what constitutes a “Major bill”
What are works of constitutional authority?
Long established legal and political textbooks that have come to be accepted as the reference points for those wishing to know precisely “Who can do what” under UK constitution. Hold x formal legal status, they have “Persuasive authority”.
What are some examples of the works of constitutional authority?
Erskine May’s- regarded as bible of parliamentary practice, providing detailed guide to its rules and practices.
Walter Bagehot’s, English constitution (1867)- Sets out role of cabinet and PM, describing latter as “first among equals”
What is European law?
Following European communities act 1972, UK became member of EEC in 1973. EEC eventually became EU. Treaties establishing EU, laws made in EU, and judgements of of European court of justice have all become part of UK constitution.
What is the 1958 treaty of Rome under European law?
Was incorporated into UK law at time of our joining the EEC, states that European law takes precedent over UK law.
What did May propose?
Theresa May has proposed the Great Repeal Bill which would incorporate all existing EU law into UK statue law, at the same time repealing the European Communities act 1972.
