UK constitution Flashcards
what is a common law
the body of law developed by judges, courts, and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesises the principles of those past cases as applicable to the current facts.
what is a statute law
An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing
what are conventions
a way in which something is usually done.
what are authoritative works
books written by constitutional theorists that are considered to be authoritative guides to the UK constitution
what are treaties
formally concluded and ratified agreements between states
what was the European Communities Act 1972
the instrument whereby the UK was able to join the European Union (then known as the European Communities). It enables, under section 2(2), UK government ministers to lay regulations before Parliament to transpose EU Directives (then Community law) and rulings of the European Court of Justice into UK law. It also provides, in section 2(4), that all UK legislation, including primary legislation (Acts of Parliament) have effect “subject to” directly applicable EU law. This has been interpreted by UK courts as granting EU law primacy over domestic UK legislation
unentrenched
it is easier to change- the uk constitution is uncodified and unentrenched
what are the two pillars of the UK constitution
parliamentary sovereignty-
It makes Parliament the supreme legal authority in the UK which can create or end any law
rule of law-prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice
what are the 5 main sources of the UK constitution
Statute law, common law, conventions, authoritative works and treaties
The Parliament Acts (1911 and 1949) state that the House of Lords cannot
Delay bills for more than one year and veto money bills (veto- they cannot refuse)
The Act of Union (1707) brought together which countries of the United Kingdom
England and Scotland
New Labour’s major constitutional changes were
House of Lords reform, devolution, the Human Rights Act and the Supreme Court
The recall of MPs Act needs what percentage of voters in a constituency to vote for recall?
10%
The fixed term parliament act came into effect and was subsequently repealed in which years?
2011 and 2022
The Human Rights Act gives effect to the human rights set out in the
European Convention on Human Rights
