UK Constitution Flashcards
Name the sources of the Constitution
- Common Law
- Statute
- Constitutional Conventions
- European Convention on Human Rights via Human Rights Act, 1998
- Retained EU Law
What key principle is the Constitution informed by?
Rule of Law
What is the rule of law?
- Apply law fairly
- Gov.t acts according to
law - Law shouldnot have retrospective effect
Does UK have Constitutional supremacy?
No, Parliamentary Sovereignty/Supremacy
What is Parliamentary Sovereignty?
Parliament reigns supreme, it can enact and strike down laws and courts cannot invalidate its laws
Can a court strike down law if it is incompatible with the Constitution
No
What is the highest form of law in the UK?
Acts of Parliament
Is the Constitution entrenched?
No
How can the Constitution be changed in the UK?
By an Act of Parliament
What is a declaration of incompatibility?
When law breaches rights protected by the Human Rights Act, 1998, court can issue this declaration
What happens if parliament disagrees with how a court interprets constitutional legislation?
It can amend the Act to make its position cleared (Parliamentary Supremacy)
How do the courts develop constitutional law?
Through the common law
What is a constitutional monarchy?
Monarch is granted powers under the Constitution
Can the Monarch exercise personal discretion ?
No
What is the Royal Prerogative?
Common law collection of powers belonging to the Crown
Can parliament change the powers in the Royal Prerogative?
Yes
What is the Ram Doctrine?
Powers that are incidental (not explicitly set out) to statutory and royal prerogative powers that give government the power to carry on business
What is a Constitutional Convention?
Rules that arise out of previous practice but are not binding, despite triggering criticism for not following them
Will the UK Parliament ordinarily legislate on a matter devolved to the Scottish Parliament, NI Assembly or National Assembly for Wales without their consent?
No
Should the Monarch ALWAYS act on the advice of the Prime Minister?
Yes
Who needs to approve the appointment of Government Ministers to the House of Lords or House of Commons?
The King, on the recommendation of the Prime Minister
How is the Government accountable to Parliament?
By Ministers appearing in Parliament to answer questions and partake in debates
Is the UK a Unitary or Federal State and why?
Unitary state, because power is concentrated at the centre
What type of devolution typically describes the UK?
Assymetric devolution
What are the three legal jurisdictions in the UK?
Northern Ireland Assembly
Scottish Parliament
Welsh Parliament
Why is the UK’s devolution described as assymetric?
UK Parliament can legislate on any matter in the devolved territories and each territory has some rights to legislate, but to varying degrees
What purpose does electing people to the House of Commons serve?
- To choose parliament
- To indirectly choose government
