The Constitution Flashcards
What is the difference between a written and unwritten constitution?
- Codified; Founded in one authoritative document
- Uncodified; founded from a variety of sources
Describe the three key aspects of an uncodified constitution
- Non-Authoritative; Constitutional law has same status as all other law
- Semi Entrenched; can be amended through normal process for enacting statute law by Parliament
- Non-Judiciable; judges cannot challenge parliament, or declare something unconstitutional
Describe the 3 key aspects of a codified constitution
- Authoritative; Constitution is above any other law
- Entrenched; process for changing it is far more difficult than normal law
- Judiciable; everyone is subject to the authority of the court.
What is a constitution?
A set of rules that
- establish the duties, powers and functions of government institutions
- regulate relationships between institutions
- define the relationship between the state and the individual and the extent of civil liberty
What are the arguments for a codified constitution in the UK?
- Clear Rules
- Ensures limited government
- Allows for neutral interpretation by judiciary
- More secularly protected individual liberty/rights
- Create a clear political identity
What are the arguments against a codified constitution?
- Rigidity; can become outdated
- Judicial Tyranny; gives more power to unelected, socially unrepresentative and unaccountable judges
- Political Bias; can never be ‘above’ politics
- Unnecessary; not necessarily most effective, not a political priority, unwritten works.
- Undesirable; impossible to reach universal agreement, so it creates divisions
- Unachievable; would undermine parliamentary sovereignty
From where is the UK Constitution sourced?
- Statute Law
- Common Law
- Conventions
- Works of constitutional authority
- EU Law/Treaties
What is statute law?
Primary law; laws made by parliament
Examples of constitutionally significant statute law
- Magna Carta
- Human Rights Act 2000
- Scotland Act 1998
- Government of Wales act 1998
- Constitutional Reform Act 2005
- Freedom of Information Act 2000
What is common law?
A body of laws that are based on tradition and precedent set by outcome of previous legal cases
What are conventions?
A non-legal rule of conduct or behaviour, such as CMR and IMR.
What are works of constitutional authority?
Books written by people who are considered authorities on constitutional issues, e.g. A.V Dicey’s definition of parliamentary sovereignty and rule of law
What are the principles of the constitution?
- Parliamentary Sovereignty
- Rule of Law
- Parliamentary Government
- Constitutional Monarchy
- EU Membership
List changes that occurred to the constitution after 1997 under the labour governments of Blair and Brown
- Referendums to decide devolution and the Good Friday Agreement
- PR Electoral reform for devolved assemblies and London
- HRA, CRA and FoIA
- House of Lords reform
List the changes that have been attempted or have occurred to the constitution under the Coalition 2010-2015
- Referendum on AV Electoral Reform
- Referendum on Scottish Independence
- Lords reform; failed due to Tory opposition
