The Nature and Sources of the British Constitution Flashcards
Nature: What 4 terms define the British constitution?
Uncodified, unitary, rule of law, and parliamentary sovereignty.
Define ‘uncodified’.
The British Constitution cannot be found in one single document. Instead, it can be found within written works such as statute law, common law, conventions, the royal prerogative, and authoritative works.
Britain, New Zealand, and Saudi Arabia are the only countries with uncodified constitutions.
What is the significance of having an uncodified constitution?
It is flexible, meaning that it is easier to adapt through methods like passing Acts of Parliament as no complicated procedures are required to amend it.
It is often difficult for citizens to understand their rights and how the political system operates.
What is an ‘Act of Parliament’?
An Act of Parliament, or primary legislation, is a text of law passed by the legislative body of a jurisdiction.
Define unitary within the context of the nature of the British constitution.
All power essentially derives from a central government.
This is the opposite of a federal constitution (for example, the USA).
What is the significance of the British constitution being unitary?
Westminster is sovereign and therefore very powerful.
Any power given to the regions is delegated, not transferred permanently.
Define what rule of law means within the context of the British Constitution.
Rule of law means that EVERYONE is subject to the laws of the land, including the government and its ministers.
Described by A.V. Dicey as the ‘twin pillars of the constitution.
Th opposite of arbitrary government.
What is the significance of rule of law?
It identifies Britain as a modern liberal democracy.
It ensures the powers of the government are limited.
It means that if a government or minister is found to have broken their own rules (or guidelines), the are deemed to have acted ‘ultra vires,’ i.e. beyond the power of the law. For example, when former health secretary Matt Hancock violated Covid 19 rules by having an affair. This resulted in his resignation.
It can lead to the government having to reverse an action, e.g. in 2016 the government was found by the courts to have acted illegally by trying to restrict legal aid to people outside of the UK.
Define parliamentary sovereignty within the context of the British constitution.
It means that parliament is the supreme authority of the land, the constitution is what parliament says it is and it can be altered at will by them using statute law.
This contrasts countries like the USA which are said to embody constitutional sovereignty, where the government and legislature are mandated to follow the constitution when writing laws.
It is the other pillar of A.V. Dicey’s ‘twin pillars’ of the constitution.
Define parliamentary sovereignty within the context of the British constitution.
It means that parliament is the supreme authority of the land, the constitution is what parliament says it is and it can be altered at will by them using statute law.
This contrasts countries like the USA which are said to embody constitutional sovereignty, where the government and legislature are mandated to follow the constitution when writing laws.
It is the other pillar of A.V. Dicey’s ‘twin pillars’ of the constitution.
What is the significance of parliamentary sovereignty?
It is a fundamental principle of the British constitution.
It makes the constitution flexible and adaptable parliament only need to change a law to adapt it.
No parliament can bind its successor, meaning that the constitution can be changed, or even reversed over time. E.g. the passing of laws to both join and leave the EU.
What are the 5 sources of the British constitution?
Statute law, common law, the royal prerogative, convention, and works of authority.
What is statute law?
Acts of parliament.
- Human Rights Act 1998 incorporated the European Convention on Human Rights into British Law.
- Parliament Acts 1911/49 reduced the powers of the lords (1911 two-year delay, 1949 one year).
What is the significance of statute law?
The British constitution remains flexible and adaptable.
The trend has been towards expanding and protecting democracy and individual rights.
In theory rights could be diluted, especially with the UK’s departure from the EU. Many of these rights were previously backed by EU law.
What is Common law?
Laws passed down over the years by legal judgements in courts.
- Right to free expression.
-Property rights.
