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UK Politics > UK constitution > Flashcards

UK constitution Flashcards

1
Q

Define a consititution

A

a set of rules determining where sovereignty lies within a political system, and establishing a relationship between the branches of government, as well as between the government and the governed

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2
Q

what are the key functions of a constitution

A
  • to establish the duties, powers and limits of the branches of government
  • to establish the relationship between these branches of govt
  • to define the relationship between the govt and the state
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3
Q

define an uncodified constitution

A

A constitution thatis made up of rules that are found in a variety of sources, meaning it cannot be found in a single legal document

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4
Q

what is an unentrenched constitution

A

a constitution which has no specific special procedure for amendment

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5
Q

what are the three defining features of the UK constitution being uncodified?

A
  • the constitution is not authoritative - constitutional laws enjoy the same status as ordinary laws
  • the constitution is unentrenched - this means that it can be amended by passing a statute law, through a simple majority in Parliament
  • the constitution is not judiciable - since there is no higher law, judges do not have a legal standard against which they can declare laws unconstitutional
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6
Q

what are the key historical documents of significance to the development of the constitution

A
  • Magna Carta (1215)
  • Bill of Rights - 1689
  • Act of settlement - 1701
  • Acts of Union - 1707
  • Parliament Acts (1911 and 1949)
  • The European Communities Act - 1972
  • New Labour reform
  • EU Withdrawal Act
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7
Q

magna Carta

A
  • imposed by rebellious barons on King John
  • first attempt made to reduce the arbitrary, absolute power of the monarchy, by ordering that the king should rule justly and within a body of defined laws and customs
  • for instance, it established the right to appeal against imprisonment without trial through a writ of habeas corpus
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8
Q

Bill of Rights 1689

A
  • followed the Glorious Revolution of 1688, as it provided the basis for Parliamentary sovereignty, by which Mary and William agreed to be a constitutional monarchy
  • they accepted that they ruled within the constraints of Parliament

Bill of Rights:
- main principles of the Bill of Rights are still in force today
- established the principles of frequent parliaments, free elections and Parliamentary privilege
- no taxation without consent of Parliament
- right of petition and just treatment by the courts
- freedom from govt interference

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9
Q

Act of settlement -1701

A
  • settled the succession to the English and Irish crowns
  • disqualified anyone who became a Roman Catholic from inheriting the throne
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10
Q

Acts of Union 1707

A

Union with Scotland Act and Union with England Act resulted in the establishment of the United Kingdom, where both Scotland and England would now be ruled under one legislature.
- they had previously been separate states with the same monarch since 1603

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11
Q

Parliament Acts 1911 and 1941

A
  • gave the House of Lords a subordinate role to the House of Commons, first by removing their power to deny passage of legislation, giving them a delaying power of two years, and then in 1949, reducing this power to 1 year
  • money bills become law one month after leaving the Commons, without the need for Lords’ approval
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12
Q

European Communities Act

A
  • this act approved and authorised the UK’s membership of the EC, which meant that EC/EU law became a source of the constitution
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13
Q

New Labour reforms

A
  • blair govt introduced wave of constitutional reforms
  • 1998 - devolution to scotland, wales and NI
  • 1999 House of Lords reform
  • 2005 Constitutional reform
  • Freedom of Information Act 2000
  • Human Rights Act 1998
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14
Q

EU Withdrawal Act

A
  • EU law no longer a source of the constitution
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15
Q

5 sources of the constitution

A
  • statute law
  • common law
  • conventions
  • authoritative works
  • treaties
  • Royal prerogative
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16
Q

Statute law

A
  • law made by parliament
  • not all statute law is of constitutional significance, only laws which affect the powers and responsibilities of the govt or the rights and freedoms of citizens
  • statutes outrank all other sources of the constitution - if there is a conflict with another source, the statute law will always be followed
17
Q

examples of important statute laws of constitutional significance

A
  • Magna Carta
  • Acts of Union 1706/7
  • Parliament Acts 1911 and 1949
  • European Communities Act 1972
  • HRA 1998
  • new labour reforms
  • Petition of Rights 1628 - constitutional document that sets out freedoms of the people that the kings cannot infringe upon
18
Q

Treaties

A
  • treaties only become a source of law which is recognised by the courts if they are expressly incorporated into national legislation
  • this is because once Parliament have entered into treated obligations, they are not able to pass legislation which is contrary to their international obligations
  • UK often passes legislation to give effect to treaty obligations, Eg., Children Act 1989, which gave effect to the UK’s obligations under the UN’s Convention on the Human Rights of the Child 1989
19
Q

Common Law

A
  • law effectively made by the courts, by establishing precedents
  • therefore, common law is a body of law created by judicial ruling established over time - these laws are the product of the slow process of historical growth
20
Q

Historically important common law court judgements

A
  • Case of Proclamations, the Ship money, and Entick v Carrington, all imposed limits on the power of the executive
  • M v Home Office - established the law that the Home Secretary cannot ignore the rule of law
21
Q

Authoritative works and examples

A
  • scholarly writings considered of constitutional significance, by constitutional theorists
  • Walter Bagehot’s The English Constitution
  • all written over 160 years ago, therefore out of touch with modern society, and written by unelected theorists
22
Q

Conventions, and give examples

A
  • conventions are customs or traditions which have endured thorughout history, as to the way in which members of sovereign legislative body should exercise their discretionary authority
  • these are unwritten sources of the constitution - not written in any book of law
  • The Courts do not enforce conventions, however they are still considered as constitutional

Examples
- Crown must give Royal Assent to bills passed by Parliament
- the prime minister must be the leader of the winning political party of a general election
- the PM must be a member of the House of Commons
- every minister must be accountable for their own conduct and also for the failure/success of their department - individual ministerial responsibility
- ministers are collectively responsible for their own conduct and for the decisions of the government - collective responsibility
- decisions of the judiciary must not be criticised by MPs and Ministers in public
- judges must not be involved in ministerial activities
- Parliament must be summoned to meet at least once a year

23
Q

Royal prerogative - source of the consititution

examples of the royal prerogative

A
  • the royal prerogative are powers exercised by the monarchy, but in practice decided by the prime minister, ministers, or govt officials
  • therefore the Royal Prerogatuve is more of a formality than a power

examples of the royal prerogative:
- assenting to legislation
- appointing and dismissing ministers
- declaring war
- the summoning, opening, prorogation, dissolution of Parliament

24
Q

why might conventions suggest that the constitution is not fit for purpose

A
  • matters of vital importance like the existence of the PM and the real powers of the King are governed by conventions, unwritten laws which have endured over time. This means that there are no written limits to what important leaders can do, so this might increase the vulnerability of the population to arbitrary rule
25
Q

What are the two pillars of the UK constitution?

A
  • rule of law
  • Parliamentary sovereignty
26
Q

rule of law

A
  • this is a concept which encompasses the constitution, that everyone should be treated in equal manner by the law. This therefore provides for an ordered society, as the government is also bound by its actions in the same way its people are, meaning that it will face the same consequences for acting unlawfully
27
Q

Parliamentary sovereignty

A
  • in the UK, Parliament has the ultimate legal authority to do things, and cannot be overruled by anything else.
28
Q

legal sovereignty

A

where ultimate and supreme legal authority lies - in the UK, this is Parliament

e.g., Parliament can suspend or modify parts of the Human Rights Act through derogation and by passing a statute, e.g., as it did in 2005 with the use of control orders that would have breached the Counter Terrorism Act of 2005, with Article 5 of the HRA

29
Q

Political sovereignty

A
  • the ability to exercise legal power, dealing with the reality of uk democracy and democratic pressure
  • e.g., although the UK Parliament could theoretically repeal devolved powers given to the nations, this would be met with opposition
  • could abolish the HRA by passing a new bill, but would face huge opposition - would be extremely unfavourable with the public, so would probably get voted out at the next GE
30
Q

popular sovereignty

A
  • the authority of the will of the people - must be listened to in order to maintain representative democracy
  • Despite a large majority of MPs wishing to remain in the EU, Parliament voted to trigger Article 50 because it was the result of a referendum vote

UK Politics (8 decks)

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