The UK constitution Flashcards
F - Features P - Pillars
F - Uncodified:
no single document holds together the constitution as it is made from various sources overtime.
F - Unentrenched:
can easily be changed by majority vote in parliament.
- flexible, equal laws but there is not enough safeguarding as PMs can change as they wish
F - Unitary:
sovereignty is in the centre, run from Westminster Parliament.
F - Not Supreme:
constitutional laws are the same as ordinary laws, both created by parliament.
- not safeguarded.
F - Flexible:
can easily be changed by an Act of Parliament.
P - What is Parliamentary Sovereignty?
Principle that parliament can make, amend or unmake any law, and cannot bind its successors or be bound by predecessors.
- legislation passed by parliament can’t be struck down by a higher body.
- no parliament can bind its successors.
- parliament can make a law on any subject.
P - What is Rule of Law?
all bodies, incl government, must abide the law and can be held accountable for not doing so; main way of rights protection.
- everyone is entitled to fair trial or legal process (HRA)
- all must obey the law
P - What is Royal prerogative?
Powers once in monarchy hands; used without parliament’s approval. Now belongs to PM.
- control over armed forces, foreign policy, treaties, cabinet control, appointment and dismissal of cabinet members.
P - What is Independence of the Judiciary?
Judges who administer justice, interpret the law and constitution, and protect citizens rights are independent of political pressure.
P - What is The fusion of Power?
The executive (government) and the legislature (parliament) are not separated in the UK. Members of government are members of parliament - opposite is separation of powers.
P - What is Executive dominance?
the executive branch dominates legislature - Parliament sovereignty means Parliament could defy government but rarely does.
P - Responsible Government:
Firm principle that all elected bodies are accountable for what they do.
