The Constitution Flashcards
Codified Constitution
Single Document formed at crucial point in Countrys history that accessible by public and contains how it may be amended
Uncodified Constitution
Consists through a range/variety of sources, having evolved & developed over time
Sources of UK Constitution
Authoritative Works Common Law Conventions EU Law Statute Law
Principles of the UK Constitution
Parliamentary Sovereignty Rule of Law Unitary State Parliamentary Government European Union
Statute Law
Law created by Parliament
Common Law
Legal Principles applied to UK Courts
Conventions
Rules that are not legally bounding by the court but have become tradition e.g. Appointment of the Prime Minister
Authoritative Works (+ e.g.)
Political texts that have become the basis of our political system e.g. The English Constitution 1867 by Walter Bagehot
Royal Prerogative
Rights/Privileges of the sovereign who is subject to no restriction
Rule of Law
Law is above everything else from individuals to government thus ensuring citizens rights
Parliamentary Sovereignty
Parliament has supreme law-making authority over all other institutions
Examples of Constitutional Reform since 97?
Human Rights Act (2000)
- grants rights & freedoms to citizens
Constitutional Reform Act (2005)
- reformed Lord Chancellor, established Supreme Court & regulated the appointment of Judges
What is a constitution?
document providing the frame work for a political system with laws & rules as to how a country should be governed.
4 Weaknesses of the UK Constitution
Lacks Clarity
Centralised Power: Lacks separation of powers
Weak Protection of rights; not entrenched
Un-Democratic; unelected House of Lords
4 Strengths of UK Constitution
Strong Government; Parliamentary Sovereignty
Change over time
Adaptable to change; lack of entrenchment
Accountable to parliament & electorate