UK Constitution Flashcards
What are the core objectives of constitutionalism?
- Govt power exercised within legal limits
- Power dispersed/not concentrated in one body/person
- Govt accountable to the people
- Fundamental rights and freedoms
What is Dicey’s definition of a constitution?
That set of rules which directly or indirectly affect the distribution and exercise od sovereign power in the state
What areas can the functions of the state be divided into?
Legislature
Executive
Judiciary
Who is the UK’s sovereign body
The legislature - parliament
Is ‘the UK has no written constitution’ accurate?
No- it is ‘uncodified’
Where do constitutional rules come from?
Constitutional legislation
Case Law
Constitutional conventions
What did Thoburn say would form constitutional legislation
One which conditions the legal relationship between citizen and state and
Englarges/diminishes the scope of fundamental constitutional rights
How are constitutional conventions described?
- Informal rules of political practice
- Evolutionary
- No clear source in legislation/case law
What are the significant conventions relating to the legislature?
HoL defer to HoC
Salisbury Convention
Financial bills - minister
Sewel Convention
HoC consulted before major foreign policy initatives
What is the Salisbury convention?
HoL shouldn’t reject at second reading legislation that carries out a manifesto commitment
What is the Sewel convention?
Westminster Parliament won’t legislate on devolved matters without consent of devolved administration
What are the significant conventions relating to the executive?
Monarch = ministers advice
No refusing royal assent
Monarch appoint PM
PM chooses cabinet
PM/Chancellor = MPs
Vote of no confidence
What are the significant conventions relating to the judiciary?
Not politically active
Parliament not criticise their professional conduct
What are the key functions of parliament?
Debate/scrutinise proposed legislation
Propose amendments
Hold executive to account
Scrutinise public expenditure/taxation
Who makes up the Executive?
Monarch, PM and cabinet, Govt depts
What are the core govt depts for constitutional law?
Cabinet office
Foreign office
Home office
Ministry of Justice
Treasury
Where do government departments derive their powers from?
Statute or common law
What does exercise of prerogative power mean today?
Exercise of power by the government without parliamentary approval
How are accounting officers appointed?
By the treasury
Can allocation of funds to government departments be done by prerogative power?
No - requires parliamentary approval
What is delegating power?
Lawful exercise of power granted to a minister by legislation/common law, to a government official of lower rank in the same department
What is the Carltona principle?
The actions of government departments is synonymous with the actions of the minister in charge
What is the legal me mechanism by which people can claim the government has acted beyond its powers in law and to which court?
Judicial review - administrative court
What constitutional principles are the government subject to?
Laws may not be suspended
Taxation requires consent of Parliament
Habeus corpus
Freedom from arrest
Impeachment
