The UK constitution Flashcards
features, sources, reform
What is the constitution?
A set of rules which determines how the country is run by establishing the duties and powers of government.
Why is the constitution important?
-To limit the power of institutions and people involved in them to avoid corruption, tyranny etc.
-To lay out the rights and responsibilities of civilians
-To set out the values essential in society
What are the features of the UK’s constitution
-Parliamentary sovereignty
-Uncodified
-Unitary
-Fusion of Powers
-Flexible
What is parliamentary sovereignty?
Parliament is supreme with unrestricted power. They have unlimited power to make, repeal or amend any laws with no bound.
What is uncodification?
The constitution is not confined to one document, but is drawn from a variety of sources and documents. (Opposite to USA codified constitution)
What does unitary mean?
Ultimate power lies with a central power which is sovereign (Westminster) which has the legal authority to make and repeal laws, as well as delegating powers to local and regional authorities. (Opposite to federal constitution)
What is the fusion of powers?
The executive and legislative branches of government intermingle e.g. Kier Starmer PM as part of the executive (government) and the legislative (parliament)
What does flexibility mean?
Changes can take place without a lengthy procedure by an Act of Parliament, such as an immediate lockdown. (Opposite is frigid)
What are the sources of UK constitution?
-Statute law
-Common law
-Conventions
-Major works of authority
-Major constitutional documents
-Royal prerogative
What is statute law?
A law made by Parliament through an Act of Parliament. e.g. The Representation of the People Acts (1918, 1928, 1969)
What is common law?
Law formed on the basis of precedents set in pervious cases by judges through the interpretation of unclear statute law. e.g. Miller v PM (2019), the Supreme Court ruled the PM did not have the right to prorogue parliament in those certain circumstances
What are conventions?
Unwritten traditions which are regularly observed practices considered appropriate for a given set of circumstances. They influence the political system. Not legally binding!!! e.g. individual ministerial responsibility for resignation if a massive mistake has been made under your control such as Amber Rudd.
What are major works of authority?
Sources of guidance which are widely recognised and viewed as authoritative. They outline how the UK political system works (how the constitution should function). e.g. Erskine May (1844), Walter Bagehot (1867), A.V. Dicey (1885)
What are major constitutional documents?
Documents which form the basis of the constitution. e.g. Magna Carta (1215) established habeus corpus which was a guarantee of basic rights citizens not imprisoned without trial, Bill of Rights (1689) established a constitutional monarchy, limiting the power of the monarch, Act of Settlement (1701) outlining succession to the throne to be protestant due to the Church of England’s influence.
What is royal prerogative?
Number of powers and privileges performed by the monarch in the past, but now performed by the PM or other ministers on behalf. e.g. right to declare war, make treaties.
