The Nature Of The Constitution Flashcards
Uncodified constitution
There is no one single document outlining the constitution of the state
Parts are written down in differnt in documents
Flexible (Uncodified)
UK const is flexible as any of its documents can be changed without a lengthy process
Unentrenched (Uncodified)
Constitutional laws are no different from statute laws
Parliament is soverign so can change the const by passing statute law
Constitutional provisions dont have a higher legal status than statute/common law
So laws that modify the constitution are passed with a simple majority in parl.
Unitary (Uncodified)
Based on the principle of parliamentary sovereignty
This means the supreme power remains in the hands of a single source
Lower govt. bodies are subordinate to the sovereign body and powers can be taken away from them (e.g. Scottish and Welsh parliaments)
Codified constitution
The key constitutional structure and arrangement in a state are collected together within a single legal document
Rigid (Codified)
This requires a lengthy process to alter it
Entrenched (Codified)
The provisions of a codified const are entrenched n that it is difficult to amend or remove them
Judiciable (Codified)
Codified consts are judiciable in that a constitutional court decides if government action or laws passed by the legislature are ‘constitutional’