UK constitution Flashcards
Role of constitution
Identifies who may exercise public power
Enables officials to exercise power
Imposes limits on exercise of power
Uncodified v Codified
Codified: written in one place, difficult to amend/repeal.
Uncodified: no definitive text, adapts to new reality (flexible) and political in character
Nature of UK constitution
Uncodified
Sources of UK consititution
Statues/legislation Judicial precedent Statutory interpretation Laws/customs of Parliament Prerogative powers of Crown
Constitutional conventions
Not laws but habits or practices (Dicey)
Enforced politically
Not enforceable in courts but regarded as binding by those who operation the Constitution
Example: appointment of PM after election
Prerogative powers in UK consitution
‘Residue to discretionary or arbitrary authority of the Crown’ (Dicey)
Now = monarch decides, gov takes action
Examples: foreign affairs, choice of PM.