The UK constitution Flashcards
What is a constitution?
a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
What are the 5 sources of the constitution
Statute law, Common law, Authoritative texts, conventions, EU law (not anymore)
What is statute law
The main source of the constitution. This is law created by parliament for example 1998 Scottish Parliament Act that created a Scottish Parliament
What is common law
Common law is a body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. Judicial review
What are Authoritative works
Works of authority on the United Kingdom constitution are books written by constitutional theorists that are considered to be authoritative guides to the UK’s uncodified constitution. An example is Erskine May which is considered to the authoritative guide to parliamentary procedure.
What are conventions
These are unwritten rules/traditions followed. For example following the result of a referendum
How did the Magna Carta develop rights in the UK
It was drawn up to check power of the English King and set out the basic rights of his subjects. For example Clause 39 state “no free man shall be imprisoned or deprived of his lands except by judgement of his peers or by law of the land”
How did the Bill of Rights develop rights in the UK
Further limits royal power. Created a sovereign Parliament and parliamentary privilege (John Hemming MP 2011 used parliamentary privilege to reveal names of celebrities and bankers that had all used privacy injunctions.
How did the Act of Settlement develop rights in the UK?
Paved way for Parliamentary union between England and Scotland and prohibited Catholics from being on the throne - not much development of rights, it had to be amended 1999 after Scotland claimed it violated EU convention of Human rights
How did the Parliament acts of 1911 and 1949 develop rights in the UK
Asserted supremacy of House of commons by limiting blocking power, new land tax, Lords voted against the people’s budget and so Liberal government reduced power of Lords to veto bills.
How did the freedom of information act develop rights in the UK
This allows members of public to request info from public authorities. MPs expenses scandal exposed through this
What is the Human rights act
The Human Rights Act is a UK law passed in 1998. It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally, with fairness, dignity and respect.
Why changing location was a pro of the Human rights act
UK citizens could take their govt to court in UK instead of going to Strasbourg.
Why the supreme coourt doesn’t undermine Parliamentary sovereignty
The European Court of human rights hasn’t engaged in mission creep. Out of over 1000 cases only 8 were upheld by court. Parliament can decide whether to even follow this or not.
What does the HRA do (Positive)
• The HRA balances protecting our rights and parliamentary sovereignty- parliament isn’t right all of the time. Parliament is still sovereign and is up to them to decide if they follow it.
