The nature of the UK Constitution Flashcards
Define “Constitution”
A constitution is a set of rules and principles that determine of a country is governed, how power is controlled and distributed, and what rights the citizens possess
What happened in 1215?
Magna Carta was the principle where the crown was not above the law; the first set of principles, Habeas Corpus, stated that one could not be punished without the process of law
What happened in 1689?
Bill of Rights, gave legal force to certain “ancient rights and liberties” such as free elections, freedom of speech, no taxation without the consent of parliament
What happened in 1701?
Acts of Settlement, confirmation that parliament has primacy over the crown by declaring that parliament had the authority to determine the succession over the throne
e.g confirmation of Judicial independence where the judge can be removed through the consultation of both houses
What was the Act of Union and when did it happen?
1701, the United kingdom formed through the union of Scotland (independence of Scottish law preserved), Northern Ireland, Wales, and England.
When were the parliaments’ acts and what did they do?
1911 and 1949, in 1911 the Lords lost its right to veto where it would only be able to delay a bill up to 2 years, this changed in 1949 where it could be delayed up to 1 year (primacy of Commons over the Lords)
When was the European Communities Act and what did they do?
1972, Conservative government Edward Heath steered the European Communities Act through parliament. This Act was granted Royal Assent on 17 October 1972 and meant that the United Kingdom became an official member of the European Economic Community on 1 January 1973.
What is the synoptic link for the Bill of Rights and a Liberal key thinker?
John Locke justified a limited government from the constitutional monarchy that ‘no one can be subjected to the political power of another, without his own consent
What are the “twin pillars”?
A.V Dicey stated that Parliament is the supreme law-making body and that the government must be according to the rule of law
What is a codified constitution?
(USA) a single, legal document that establishes the rights of its citizens and the limits of government and so can be said to represent the ultimate power in the state
What is an uncodified constitution?
(UK) not contained within a single document drawing onto a variety of sources
What does it mean to be unentrenched?
The UK as an uncodified constitution is unentrenched, where an Act of Parliament can change how a state is governed and the rights of its citizens can be changed.
What does it mean to be entrenched?
The US as a codified constitution is entrenched where it is impossible to alter without a complicated procedure requiring the agreement of more than just the legislature.
What is parliamentary sovereignty?
It gives Parliament the supreme legislative power, having no legal limitations. (Parliament is the supreme legislative body)
As the UK is not codified, how are their civil liberties protected?
protected by the rule of law
What is the rule of law?
same laws apply equally to every citizen and that the government is subject to the same laws as everyone else
What is a unitary state?
Parliament is the supreme law-making body in the UK thus is said to be unitary (absolute authority to enact any legislation). Power is centralized and the central government possesses absolute authority.
What is a federal government?
In the USA the states have certain powers which they cannot override; power is shared and dispersed. Power is shared by a powerful central government and states or provinces that are given considerable self-rule, usually through their own legislatures.
