UK Constitution Flashcards
Define an uncodified constitution
This means that there is no single document explaining the structure, rather, there are multiple sources.
Examples of sources of the U.K constitution -
The cabinet manual (2010)
Conventions
Statue law - Standard laws passed by parliament
Main sources of the constitution
Statue law (acts of Parliament.) - House of Commons disqualification act 1975. This sets out who cannot become members of parliament such as Judges to prevent bias and corruption
Common Law (Law Derived from presidents and customs) - Human rights act 1998. Protects citizens rights.
Conventions (Long-established procedure) - Government agree to resign if there is a vote of no confidence in the government.
Works of authority (Books and textbooks by constitutional scholars.) - Cabinet Manual 2010 - Endorsed by David Cameron
Used to have E.U law before Brexit
Treaties
Benefits of an uncodified constitution
Flexible - No proper legal process for amending the constitution
Can be more modernised.
The UK is unitary, what does this mean
No states, so all power is held at central government (Westminster.) There can be devolution if Government chooses such as devolution to the National Assemblies, highlighted during the corona virus response 2020 - 21.
Define Monarchal constitution
One which includes a monarchy not a republic, and is parliamentary rather than presidential.
Great Britain and Queen Elizabeth the 2nd
Human Rights act 1998 and what it does.
The right to life: protects your life, by law. The State is required to investigate suspicious deaths and deaths in custody.
The prohibition of torture and inhuman treatment: you should never be tortured or treated in an inhuman or degrading way, no matter what the situation.
Protection against slavery and forced labour: you should not be treated like a slave or subjected to forced labour.
The right to liberty and freedom: you have the right to be free and the State can only imprison you with very good reason – for example, if you are convicted of a crime.
The right to a fair trial and no punishment without law: you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you in a court of law.
Respect for privacy and family life and the right to marry: protects against unnecessary surveillance or intrusion into your life. You have the right to marry and enjoy family relationships.
Freedom of thought, religion and belief: you can believe what you like and practise your religion or beliefs.
Free speech and peaceful protest: you have a right to speak freely and join with others peacefully, to express your views.
No discrimination: everyone’s rights are equal. You should not be treated unfairly – because, for example, of your gender, race, disability, sexuality, religion or age.
Protection of property: protects against state interference with your possessions.
The right to an education: means that no child can be denied an education.
The right to free elections: elections must be free and fair.
2010 data protection act
Allows confidentiality and privacy whilst browsing on social media.
It is a act of parliament which updated the data protection act 1998
Magna Carta (1215)
Signed by King John which prevented a king from abusing his power and agreed for the right to govern, established basic human rights.
Bill of rights 1689
Listed specifically the basic rights in which a human being is entitled to for example free elections
Parliaments Act 1911 and 1949
The first Parliaments Act reduced the power of the lords by removing their power to veto legislation, and only made them able to delay the process for 2 years.
The second Parliaments Act reduced the ability to delay for 1 year.
Define Unitary.
Power concentrated into one institution for example Westminster.
Define Devolution
The separation of powers into different institutions across more local areas, for example the Welsh, Scottish and Northern Irish parliaments in the U.K.
