The constitution Flashcards
What is a consitution?
A framework that comprises the laws, rules and practises by which a state is governed.
What is a bill of rights?
An authoritative statement of the rights of citizens, often entrenched as part of a codified constitution.
What is a limited government?
Power of government is subjected to legal constraints and checks and balances within the political system.
What is a codified constitution?
A single physical document that sets out the laws, rules and principles on how a state is to be governed.
What is an uncodified constitution?
Laws, rules and principles specifying how a state is to be governed are not gathered in a single document but instead they are found in a variety of forms e.g. statute laws and conventions.
Key features of a codified constitution
Fundamental law: the law which forms the foundation of the government of a state.
Entrenched: Secured; difficult to change.
Key features of an uncodified constitution
No single authoritative document
Status of ordinary law, no hierarchy of laws
Not entrenched, can be amended in the same way as ordinary law
Judicial review may be harder due to lack of reference for judges.
Sources of the British constitution
Statute law Common law Conventions Authoritative works European union law (well for now)
What is statute law?
Created by the parliament. Acts of parliament have to be approved by H of L and H of C.
Examples: 1832 “Great Reform Act”
The Scotland Act 1998 - created Scottish parliament
The Human Rights Act 1998
Fixed term Parliaments Act 2011
What is common law?
Laws derived from decisions in court cases and from general customs.
What are conventions?
Established norms of political behaviour rooted in past experience rather than the law.
Such as the monarch appointing the prime minister.
What are authoritative works?
Established legal and political texts that have become accepted as works of authority
Examples: Walter Bagehot - The english constitution 1967
V. Dicey - An introduction to the study of the law and constitution
What is European union law?
UK is a member of European economic community until 1973
