The Constitution Flashcards
What is the rule of law?
The principle that all, including the government itself, are equal under the law and that all accused of a crime are entitled to a fair trial.
What are features of the UK constitution?
- It is uncodified and unentrenched.
- It is unitary (sovereignty lies with the UK Parliament)
- It is based on parliamentary sovereignty (it is dependant on the existence of parliamentary sovereignty)
- There is no separation of powers
- Constitutional monarchy and prerogative powers
- A strong executive
- Rule of law
What are the 2 main ways in which the UK constitution is unusual?
- The are multiple sources of the UK constitution.
- The UK constitution has been described as an organic constitution as it is flexible and has developed naturally, like a living organism.
Name 3 examples of statutes that have amended the UK constitution.
- The Constitutional Reform Act of 2005 (established a new judicial body, the Supreme Court)
- The Human Rights Act of 1998 (integrated the European Convention on Human Rights (ECHR) into UK law)
- The Scotland Act of 1998 (established a devolved government in Scotland)
Name 3 examples of referendums that confirm amendments, or lack of, to the UK constitution?
- 1997: Devolved powers for Scotland (and separate referendum for Wales) referendum
- 2011: Alternative vote system (AV) referendum
- 2016: European Union membership referendum
What does having a constitutional monarchy mean?
- The monarch has no political power or role.
- The monarchs arbitrary powers are carried out by the prime minister using royal prerogative.
What are the 6 sources of the UK constitution? Give examples.
- Parliamentary statutes (The Scotland Act and Wales Act of 1998, The Human Rights Act of 1998)
- Conventions (the Salisbury Convention, Collective Cabinet Responsibility)
- Authoritative documents and books (the 1689 Bill of Rights
- Common Law (the royal prerogative)
- EU treaties (Maastricht Treaty of 1992)
- Traditions (the Queen’s Speech)
What are conventions?
Unwritten rules that are generally followed by those in government and politics.
What is a unitary constitution?
A unitary constitution is one where legal sovereignty lies in one place.
What is a federal constitution?
A federal constitution is one where legal sovereignty is shared between a central body and regional bodies.
The sovereignty of regional bodies cannot be removed unless there is a constitutional amendment.
What are 4 arguments for the UK having a codified constitution?
- It would clarify the nature of the political system (after constitutional changes following 1997: House of Lords Reform, Brexit)
- The process of judicial review would be clear and transparent.
- The rights of citizens would be protected in a clear and uncomplicated manner.
- Limits executive power.
What are 4 arguments against the UK having a codified constitution?
- Uncodified constitutions are flexible. They are easily adapted to changing circumstances and thus stay relevant.
- The current constitution has stood the test of time. Thus change is not necessary.
- An uncodified constitution allows for a strong and decisive government.
- A codified constitution gives too much power to unelected judges.
What is legal sovereignty?
Ultimate ‘political’ power that cannot be overruled by by any other body or law.
What is political sovereignty?
Political sovereignty is where actual, practical power lies, regardless of who makes laws.
Political sovereignty is experienced by the people due elections and referendums.
Give an example of the EU overruling the UK.
The Factortame case of 1990.
The European Court of Justice struck down UK fisheries law that was contrary to EU law.
