TOPIC 5.4- The Constitution (How Have The Constitutional Principles Changed?) Flashcards
How this principle has been affected by constitutional reform
Uncodified.
Uk Constitution remain uncodified but can perhaps be found in fewer sources
e.g
-UK’s withdrawal from the EU will remove an important source of law
In addition, an increasing number of previously unwritten sources of the Constitution are being written into statute law
How this principle has been affected by constitutional reform
Unentrenched
Parts of the UK Constitutiuon are effectively becomign semi-entrenched
-the scottish Parliamsnet is safe from abloition because Scottiish voters decided overwhemlingly in re favour of devolution
How this principle has been affected by constitutional reform
Parliament is sovereign
Popular soveriegnty has icnreaisngly come into conflict w. parliamentary soverigehnty as a result of referendums
-the otucome of EU referendum in 2016 was not legally bindin gon. parliamentm but in oratcise resutled in the passing of the EU Act 2020
How this principle has been affected by constitutional reform
Unitary
As a rsult of devolutio, it is noe pssoible to describe the UK Xonstituiona s ‘quasi-dfederal-
-different alws eixst in different parts of teh country
-the UK Constituom is neither as unitary as it once was, nror can it be desirveb as federal since devoluton has occured at a differnet pace across the contry and the powersof devolved bodie svary considerably form region to reginon
How this principle has been affected by constitutional reform
Fusion of powers
The Law Lords used to be the highest court in the land and hled court cases in the HOL
-now the Supreme Court convenes in a different building altogether, and thus there is greater separation of powers in relation to the judiciary