UK Constitution Flashcards
what is a constitution?
The constitution is the set of political principles by which a state or organisation is governed, especially in relation to the rights of the people it governs.
-it establishes the duties, powers, limits and functions of government
-regulates the relationship between the institutions
-defines the relationship between the state and the individual
what is a codified constitution?
a constitution in which key constitutional provisions are collected together within a single legal document
what are the 3 key features of a codified constitution?
1.its authoritative -the constitution stands above statute law made by legislature
2.The provisions of the constitution are entrenched- this means that the procedure of making and changing the constitution is more complex than making ordinary laws
3.It is judiciable- this means that all political bodies are subject to a constitutional court
what is an uncodified constitution?
An unmodified constitution is a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document.
what are the 3 defining features of an unmodified constitution?
- The constitution is not authoritative- constitutional laws enjoy the same status as ordinary laws
- They are not entrenched-in the UK parliament can make and unmake any laws through parliamentary sovereignty
3.Not judiciable- judges do not have a legal standing, by which they can declare law bodies as unconstitutional.
what is parliamentary sovereignty?
Declares parliament as the supreme legal authority in the UK, and can create or amend any law which cannot be overruled by the courts.
what is unitary constitution?
Unitary constitution is a constitution that concentrates sovereign power in a single body. In the UK, this is Parliament.
what is federal constitutions?
A federal constitution is a constitution that is based on the principle of shared sovereignty, in that there are two relatively autonomous levels of government- national and regional.
Many argue that as devolution (the decentralisation of governmental power- the powers granted to the welsh parliament, the Scottish parliament and the Northern Ireland Assembly) has deepened, the UK’s constitution has acquired a division of powers between central and regional government without possessing the formal federal structure.
what are the features of the UK’s constitution?
-uncodified
-unentrenched
-unitary
what are the sources of the UK’s constitution?
-statute law
-common law
-conventions
-works of constitutional authority
what are statute laws?
Statute Laws are made by parliament, however only the ones that affect powers and responsibilities of government or the rights and freedoms of citizens are of constitutional significance. This is the single most important source of the constitution as parliamentary sovereignty implies that statutes outrank all other sources of the constitution.
Examples: -Scotland Act 1998 which established the Scottish parliament
-Government of Wales Act 1998 which established the Welsh assembly
-Human Rights Act 1998 which translated the European convention on Human Rights into statute law
what is common law?
The legal system in England that has developed over a period of time from old customs and court decisions, rather than laws made by politicians. Common law therefore exists where statute law doesn’t.
what are conventions?
unwritten understanding about how something should be done which, although not legally enforceable, is almost universally observed, like a custom/tradition
Examples: the convention that royal assent is always granted (which is upheld by the monarchies desire not to challenge the ‘democratic will’ of parliament)
what are works of constitutional authority?
Books written by constitutional experts that explains how the political system is run. They are not legally binding but are taken as significant guides as to how the constitution works
examples: -Walter Bagehot’s The English Constitution (1867) where he distinguished between dignified parts of the constitution (monarchy and lords) and efficient parts of the constitution (cabinet and the commons)
-A.V.Dicey’s An Introduction to the Study of the Law of the Constitution (1885) which defines the pillars of the constitution: parliamentary sovereignty and the rule of law
what is the rule of law?
the principle that law should ‘rule’ in the sense that it applies to all conduct or behaviour and covers both private citizens and public officials
