Uk Constitution Flashcards
Codified constitution
All written down in a single document
What is the role of the constitution?
Sets out laws, rules by which state is governed
Sets out relation between gov branches
Sets out rights and civil liberties
Uncodified constitution
Not written down in a single document- multiple sources
Features of codified
higher body of law
entrenched
features of uncodified
no higher laws
unentrenched
positives of codified
courts strike down laws if not aligned with constitution
greater protection of rights and civil liberties
complex issues= outlines what to do
positives of uncodified
shaped and changed quickly
organic-molded by society
judiciary= apolitical
What are the 5 sources of the constitution?
Statute law
Common Law
Constitutional Convention
Authoritative works
European Union Law
What is statute law and give examples
establishes parliamentary sovereignty
- HRA, Bill of Rights 1688, Constitutional reform act 2005, European communities Act 1972
What is common law?
Laws developed by judges on a case by case basis
legitimacy= laws embodies values of community and precedent
thousands of years developing
tension between view that law is championed by judges and that power vested in parliament.
What is constitutional convention
rules and principles not legally binding but accepted in practise
mainly relating to relation of gov branches
eg. Salisbury convention, collective responsibility
Authoritative Works
Established political texts that make up part of the constitution
no legal authority “persuasive authority” - to guide
A.V Dicey’s
What are the 3 main principles of the UK constitution?
Rule of Law
The separation of powers
Parliamentary sovereignty
What is the rule of law?
Everyone is subject to the law- even gov
What is the separation of powers?
divided into branches
each has distinctive processes
no domination of branches
balance
Separation of power reform
The constitutional reform act 2005
Creating supreme court to replace Appellate Committee of HoL
What does not align with the separation of powers principle?
The fusion of the legislative and executive branch where members of executive sit in parliament.
What is parliamentary sovereignty?
Parliament is supreme legislative body that can make or unmake any laws it wished
(must be obeyed by the courts, current parliament cannot bind future parliament)
European Convention of HR
Laws are binding
Can petition to ECHR if state violates rights for compensation/change of law
The Human Rights Act 1998
All legislation must align with HRA
Does not override parliamentary sovereignty
HRA Cases
The Freedom of Information Act
(enforced in 2005)
Gives citizens right to access information held by public authorities
Constitutional reforms since 1997
HRA 1998
Devolution
HoL reforms 1999
Election reforms
Decentralisation
English votes for English laws??
What is Devolution?
transfer of powers (legislative, executive and tax raising) from central government to other areas.
Devolution 1999
1999 Devolution to Scotland, Wales and NI from referendums= own parliament
Scotland= legislative, tax raising powers (education, local gov and health policies)
London and Welsh Assembly created
Wales Devolution
Had secondary powers but in 2006 Labour paved the way for Wales to have primary legislative powers= intro in 2011
Decentralisation
Metro Mayors (elected)
Congestion charge for entering London
changes to local gov- +London
Electoral reform
Proportional representation intro for Scottish and Welsh and NI
No change for FPTP
referndum to change FPTP- didnt win
HoL Act 1999
Only 92 hereditary peers left- majoirty life peers
final reform not complete= still hereditarty left
MPs voted for majority elected HoL but no bills followed
