The UK Constitution Flashcards
What is a constitution?
A set of rules and laws on how a country should be run
What is the purpose of constitutions?
They establish the composition, powers and functions of the institutions of the state, regulate the relations between these institutions, and enshrine the legal rights and duties of the citizenry.
What is statute law?
Law passed by parliament
What is common law?
Law created by legal precedance on specific cases
What are codified constitutions?
Constitutions largely written and centred around a single document incorporating key constitutional provisions that are binding on all political institutions. Codified constitutions are usually ‘entrenched’, enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.
What percentage of countries have a codified constitution?
99.8%
What are two good examples of codified constitutions?
- American Constitution 1787
- The German Basic Law 1949
What are uncodified/unwritten constitutions?
Constitutions derived from a number of different sources (not based around one single written document). They often have a principle source however (Statute law, laws passed by UK parliament, in the United Kingdom).
Why are statute laws important in uncodified constitutions like the UK?
They are crucial for determining the powers and scope of government, and the conduct of elections.
What is the prime example of a country without a written constitution?
The United Kingdom of Great Britain and Northern Ireland
How did the constitution develop?
- Magna Carta (1215), King John and Barons signed so that nobody could be deprived of liberty or property without due process and the monarch is not free to do anything they wish
- Bill of rights (1689), parliamentary sovereignty is above the authority of the monarch
- Act of settlement (1701), establish that any Roman Catholic could not be a monarch nor could a monarch marry a RC
- Act of Union (1707), oficially brought England and Scotland together into a UK, however, Scotland was still self governing
- Parliament Act 1 (1911), effectively removed the right of the House of Lords to veto money bills completely, and replaced its right of veto over other public bills with the ability to delay them for a maximum of two years
- Parliament Act 2 (1949), delaying period reduced to one year
- European Communities Act (1972), EU laws come before British laws in a conflict
(All statute laws)
What are conventions?
Unwritten understandings and customs, also surrounded the rules of constituional behaviour. Although not supported by law these are considered to be binding.
What is an example of a convention in the UK political system?
It is a convention that a monarch sign the Act of Parliament passed by both Houses, it is also a convention that the government should resign after losing a vote of no-confidence
What are the 5 main sources of the UK constitution?
- Statute law (laws/acts passed by parliament)
- Common law (legal principles and presedents established by judicial decisions)
- Conventions (unwritten understandings and customs)
- Authoritative works (writings of authority)
- Treaties
How important is common law as a source of constitutional authority?
Common law has largely been replaced by statute laws in terms of constitutional authority. Still important in the sphere of civil liberties, and in fundamental constitutional principles, such as the royal perogative and parliamentary sovereignty.
