The Contitution Flashcards
Does the UK have a codified or an uncodified constitution
Uncodified
Does the US have a codified or uncodifieid constitution
Codified
How much of the US congress are needed to change the constitution
2/3
What amount of the US states are needed to change the constitution
3/4
Who needs to approve UK bills before they are passed
Commons,Lords,Royal approval
What is another word for the US constitution
Entrenched
What is the constitution
A set of laws and rules that create an institution
What is the bill of rights
Statement of citizens
What is a limited government
Powers of the government are subject to legal constraints
What is the good thing about having a limited government
Holds the government accountable when they act unlawfully
What are fundamental laws
A constitutional law that is set above regular laws and higher protection
What are the features of an entrenched constitution
Difficult to change and requires supermajority votes or referendum
What are codified constitutions usually a product of
Independence,New authorisation,War
What are the sources of the UK constitution
Statute law,Common law,Conventions,Authoritative works,International law and treaties
What is statute law
Law derived from acts of parliament and subordinate legislation
What are some examples of feature law
The great reform act,Parliament act,Scotland act,Human rights act,EU withdrawal
What is common law
Law derived from general customs,traditions,the decision of judges
What is judicial review
The power of the senior judges to review the actions of parliament
What is royal prerogative
Discretionary power of the crown that are exercised by government ministers in the monarchs name
What rights does royal prerogative have
Appointing ministers and the prime minister
Royal assent to legislation
Declare law and negotiate treaties
Who is A.V Dicey
Famous for his work on the constitution theory and the law
What was A.V Dicey’s theory
Sovereignty = Ultimate source of power and authority
What are the two pillars of the UK constitution
Parliamentary sovereignty and Rule of law
What is parliamentary sovereignty
Parliament is the supreme law making body and the most important source of the constitution
What is rule of law
Defines the relationship between state and citizens. It ensures state action is limited,also making everyone equal
What are three features of the rule of law
No one is punished without trial
No one is above the law
Principles of the constitution are result of common law
What are three features of parliamentary sovereignty
Parliament can legislate any subject
Legislation can’t be overturned
No parliament can bind successors
What are the features of a unitary state
Subnational initiations don’t have autonomous powers
Regional government is weak
Local governments has little power
What kind of state is the UK
Unitary state
What happens in federal constitutions
Power between national and regional government is shared
What was the significance of the factortame case
The EU law supremacy has always overridden UK parliamentary sovereignty which is one of the supporting factors for brexit and restoring parliamentary sovereignty
What is FTPA(fixed term parliament act)
Makes it mandatory for general election to be every five years
When was the HRA(Human rights act)
1998
