The Nature and Sources of the British Constitution Flashcards
1
Q
Features of a codified constitution
A
- The fundamental rules that govern the operation of a state are set out in a single authoritative document.
- It is entrenched with special procedures for its amendment, such as the requirement of a supermajority far in excess of 50% or a popular referendum.
2
Q
Examples of codified constitutions
A
- The US Constitution written in 1789 after the American War of Independence. Has been amended 27 times since 1791.
3
Q
features of uncodified constitutions
A
- The rules and principles that govern the state have evolved over time and are found in a number of different places
- Some of the constitutional principles of a state are written in common law; others are found in statute law or ‘conventions’.
- Constitutional laws have the same authority as regular statute law
4
Q
The example of an uncodified constitution
A
The British Constitution is based upon a number of important historical documents such as Magna Carta, the Bill of Rights and the Act of Settlement
5
Q
Magna Carta (1215)
A
- First formal attempt to try to limit the powers of the monarch (place him under the rule of law).
- Said that everyone had right to a fair trial.
- However, this didn’t apply to peasants.
6
Q
Bill of Rights (1689)
A
- Frequent Parliaments, free elections and parliamentary privilege
- No taxation without parliament’s agreement
- However, still didn’t cover rights of ordinary men and parliament was composed of wealthy male landowners.
7
Q
Act of Settlement 1701
A
- Looked to ensure a Protestant succession to the throne.
- This meant parliament was calling the shots, not the monarch.
8
Q
What is a constitution?
A
- A set of laws which are used to govern a country
- It also sets out the relationship between the state, the citizens and the judiciary.
9
Q
Royal Prerogative
A
- The formal powers of the monarch that are exercised on their behalf by the PM and the govt.
- Appointing ministers, making international treaties and calling general elections all lie with the executive and not the legislature, without parliament’s approval.
10
Q
Statute Law
A
- Law derived from Acts of Parliament and subordinate legislation.
E.g. Parliament Acts of 1911 and 1949, the latter of which means the Lords can only delay bills by a year
E.g. The EU Act 2020 enforced the exit of the UK from the EU, and so their laws no longer played a role in Uk constitution.
11
Q
Common Law
A
- Law derived from general customs or traditions, as well as the decisions of judges
E.g. In Sept. 2019, the Supreme Court ruled against Boris Johnson’s prorogation of Parliament.
E.g. the supreme court ruled the recent Rwanda scheme unlawful.
12
Q
Conventions
A
- Established norms of political behaviour rooted in past experience rather than the law
E.g. Royal Assent for bills passed by parliament
13
Q
Authoritative Works
A
- A handful of long-established legal and political texts that have come to be accepted as reference points
E.g. Erskine May’s ‘Treatise on the law, privileges, proceedings and usage of parliament’.
14
Q
Principles of British constitution (4)
A
- Parliamentary sovereignty
- The rule of law
- A Unitary state
- Parliamentary govt. under a constitutional monarchy
15
Q
Parliamentary Sovereignty
A
- Parliament can legislate on any subject of its choosing
- Legislation cannot be overturned by any higher authority
- No parliament can bind its successors
16
Q
How has parliamentary sovereignty been challenged in recent years?
A
- Under the European Committee Act 1972, parliament agreed to make itself subservient to EU law.
- Devolution saw power transfered
- Increased use of referendums since 1997 could be said to have transferred a degree of legislative power back to the people.
