Theme B: Uncodified Constitution Flashcards
What type of constitution does the UK have?
The UK has an uncodified constitution which has evolved over hundreds of years.
What recent changes have affected the UK constitution?
Recent changes include the result of devolution and the UK’s relationship with the EU.
What does it mean for a constitution to be uncodified?
An uncodified constitution is from a number of sources and has not been formally written down in one document.
What is a codified constitution?
A codified constitution is a single document which outlines the way in which a political state is governed.
What are the three main principles of a codified constitution?
- It is authoritative - it defines the way that political institutions operate.
- It is entrenched - it is extremely difficult to amend or rescind.
- It is judiciable - it is a higher law that new laws must be judged against.
What are the four main sources of the British Constitution?
- Legislation - laws passed by parliament, e.g., statute law such as devolution.
- Conventions - practices which have developed over time, e.g., the Ministerial Code.
- Common law or case law - when judges set precedent during court cases.
- European law - EU laws affect UK laws.
What is an advantage of an uncodified constitution?
It is flexible, allowing each new government to change legislation.
What is another advantage of an uncodified constitution?
Constitutional changes, such as devolution, can be made.
What is a third advantage of an uncodified constitution?
Urgent legislation can be passed quickly in response to new issues in society.
What is a disadvantage of an uncodified constitution?
Citizens may not clearly understand the constitution.
What is another disadvantage of an uncodified constitution?
It may be easier for controversial laws to be passed, or unpopular actions taken.
What is a third disadvantage of an uncodified constitution?
Laws being subject to change could affect the rights citizens are entitled to.
What is an example of how the uncodified constitution is changing?
Devolution - Wales, Scotland and Northern Ireland now have the right to legislate on devolved issues.
What is another example of how the uncodified constitution is changing?
EU Membership - EU law is automatically incorporated into the law of member states.
Name three sources of the uncodified constitution in the UK.
- Statute law 2. Common law 3. Conventions
