UK Constitution Flashcards
What does the Rule of Law require?
(1) To apply the law fairly and consistently
(2) Gov must act according tot he law
(3) Laws should not be retrospective
What is the highest form of law in the UK
An Act of Parliament
How many votes are required to pass an Act of Parliament?
A majority in BOTH the House of Commons and the House of Lords
How do you make changes to the UK Constitution?
An Act of Parliament
What can the courts do if they think legislation is unconstitutional?
Nothing (but see, Declaration of Incompatibility)
They cannot strike the law down since the principle of Parliamentary Sovereignty means that an Act of Parliament is the highest form of law.
What is a Declaration of Incompatibility?
When legislation breaches or is incompatible with rights protected by the Human Rights Act 1998.
Note: This has no immediate legal effect. It basically flags the law to Parliament to review.
What role do the courts play in the UK Constitution?
They interpret the legislation
They develop common law
What is a Constitutional Monarchy?
The Monarch has the powers granted to them under the constitution.
What is the Royal Prerogative?
A collection of powers the common law recognizes as belonging to the crown
What is the Ram Doctrine? aka “Third Source Powers”
Powers that are entirely incidental to statutory and royal prerogative powers (i.e., implicit government powers needed to carry on government business, not explicitly authorized by statute.)
Test for Constitutional Conventions
- Is there a previous practice of this?
- Is there a feeling that this is binding?
- Is there a sound Constitutional reason for doing this?
What is the Salisbury convention?
The House of Lords does not block government bills that seek to implement manifesto commitments/promises
Key Features of the UK Constitution
- Uncodified
- Several Sources
- Unentrenched
- Parliamentary Sovereignty
- Courts cannot strike it down
- UK is a union state, but has devolution
- UK is a parliamentary system
Three Elements of Parliamentary Sovereignty
(1) Parliament has the right to make or unmake any law whatsoever
(2) No person or body is recognized as having the right to override an Act of Parliament
(3) No Parliament can bind it’s successor
Passing an Act of Parliament under the Parliament Acts 1911-1949
An act only requires the consent of the House of Commons to be passed (no consent from House of Lords needed)
Enrolled Bill Rule
The courts cannot question any piece of legislation if it has passed through both houses and has been given the royal assent
