The UK Constitution Flashcards
What is the nature of the British constitution?
. It is uncodified
. Unitary - power lies in the centre e.g Westminster
. Quasi-federal due to devolution
. Parliamentary sovereignty
. Operates under rule of law
What are the sources of the British constitution?
The UK Constitution is derived from:
. Common law
. Statute law
. The Royal Prerogative
. Conventions
. Works of authority
. International agreements
What is Common law?
Common law comprises laws/rights passed down by legal judgements in courts - a process called judicial precedence. Common law can be modified by statute law.
What is Statute law?
Statute law refers to Acts of Parliament.
What is the Royal Prerogative?
Royal Prerogative is the residual powers exercised by the Crown e.g When PM Johnson sought the Queen’s permission to prorogue parliament.
What are Conventions?
Conventions enable politics and Parliament to run smoothly. They aren’t written but are agreed rules e.g Royal Assent of Bills
What are works of authority?
Works of authority comprise a variety of books and documents that deal with areas such as the duties of government and ministers and procedures of Parliament e.g the Cabinet Manual by the Cabinet Office.
What are some examples of Constitutional reforms?
. Brexit in 2020
. Devolution to Scotland, Wales in 1997 and to Northern Ireland in 1998
. 1998 Human Rights Act
. 1999 House of Lords Reforms - removing most Hereditary peers.
. Labour’s Salisbury Convention in the 1940s - The HOL should not oppose the second or third reading of any government legislation promised in its election manifesto.
. 1911 Parliament Act - meant that the HOL could only delay a bill, not veto it.
. 1949 Parliament Act - Added to the 1911 Act, reducing the delay to 1 year.
. 1918- All men can vote, 1928- All women can vote
What are the reasons for constitutional change?
Modernisation, increased democracy, human rights.
