UK Constitution Flashcards
Sources of the UK constitution
Statute law Authoritative law EU law Judge Commons law UK conventions
What is statute law?
Formal written law made by Parliament- usually to do with government bodies, rights and freedoms
-prevails over common law
What is authoritative law?
Authors right works on British constitution and help to define it- not legally binding so just used as a guideline
What is EU law?
- European Communities Act 1972
- Takes precedent over statute law. -Dictates immigration and other fundamental laws and British society.
- Poses One veto yet EU council can override this unless BREXIT
What is judges common law?
These are laws based on tradition custom and precedent by judges
-court rules judgment over new law
What are UK conventions?
These are key written elements in the Constitution, upheld by practical political circumstances
E.g. Exercise of crown power, appointment of PM, use of the Referndum
Key historical documents that help to outline the Constitution
Magna Carter 1215 Bill of rights 1689 Act of settlement 1701 Act of union 1707 Parliament acts 1911 and 1949 The European communities act 1972
The nature of the UK constitution
Unentrenched
Uncodified- not collected in a single legal document
Unitary
Two main principles being Parliamentary sovereignty and rule of law (‘twin pillars’)
Five principles of the UK constitution
Parliamentary sovereignty Rule of law Parliamentary government Constitutional monarchy EU membership
What is Parliamentary sovereignty?
Sovereignty- the principle of absolute/ unlimited power- in this case of parliament
This is a form of legal sovereignty- Parliament is able to make, unmake or remove any law it wishes
(Contested by popular sovereignty- power vested in the people)
What is the rule of law?
The principle that the law should rule in the sense that it applies to all conduct and behaviour and covers both private systems and public officials
-seen as an alternative to to codified constitution
What is Parliamentary government?
U.K.’s constitutional structure based on the fusion of powers between the executive and Parliament
Constitutional monarchy
Although lost its power, it is still constitutionally important
-It’s role is to removed popular allegiance and to serve as a symbol of political unity
Dignified vs. Effective parts of government
Problems brought by EU membership
Can Parliament any longer be viewed as a sovereign legislator as EU membership and brooches on Parliamentary sovereignty in three ways:
- European law is higher than statute law
- Some EU bodies (European commissions) have supranational powers
- Decline of the national veto
1997-2010 Blair and Brown’s Constitutional reforms
Scottish parliament and Welsh assembly established- 1999
Northern Ireland assembly created- 1998
Greater London authority (London mayor and assembly)- 2000
Referendums held
Human rights act- 1998
Hereditary peers (92 left)-1999
Freedom of information act- 2000
Constitutional reform act 2005- created Supreme Court 2009
