UK Constitution (P2) Flashcards
What is an uncodified constitution?
Some constitutional rules have been written down but have not been brought together in a single document
What is a codified constitution?
All constitutional rules are written down in a single document
What is a flexible constitution?
Allow the legislature to amend (change) simply through a majority of votes in parliament
What is a rigid constitution?
Amending the constitution is made more difficult to ensure that changes don’t take place without due consideration and debate
What is a unitary system?
Where all power is concentrated in the hands of central government (Parliament)
What is a federal system?
Where power is divided between central and regional units (US gov)
What are the three powers in the constitution?
-The Judiciary (The Supreme Court)
-The Legislature (Parliament)
-The Executive (Government)
In the UK, the legislature and executive is fused
What are the three terms that the UK constitution is defined as?
Un-codified - no single document
Unitary - Parliament is sovereign
Flexible - can be easily amended
What is the Bill of Rights? name the year of this act
1689 - sets out basic human rights and limits the power of the monarchy, established free elections and freedom of speech in Parliament
What is the first Parliament Act? name the year it was passed
1911 - supremacy of the HoC by limiting legislation-blocking powers of HoL as laws could be passed without approval, reduced life of Parliament from 7 to 5 years
What is the second Parliament Act? name the year it was passed
1949 - reduced time HoL could delay bills from 2 years to one, removed ability to veto (kill) bill entirely
What act was passed in 2018 due to the Brexit referendum?
European Union Withdrawal Act - repealed European Communities Act and triggered article 50 to start process to withdraw from EU
What are the four sources of the constitution?
-Statute Law
-Common Law
-Convention
-Works of Authority
What is statute law? give an example and explain significance
Acts of Parliament - e.g HRA 1998, Elections Act 2022 - Most supreme source as Parliament is sovereign
What is common law?
Laws created by judges rulings - e.g Murder, R v R - updates constitution with modern societal attitudes, good for flexible constitution
What is a convention?
A custom/tradition not legally binding - e.g Royal Assent, Salisbury convention - open to abuse during elective dictatorships with Johnson proroguing Parliament
What is the Salisbury convention?
A tradition that the Lords will not obstruct bills from the governing party’s manifesto. 2/4 elections have not applied thus making it weaker, arguably broken during Brexit
What is the Sewel Convention?
a tradition that areas of devolved policy are not interfered with by Westminster. Broken with Gender Recognition Bill 2023 that Holyrood proposed
What are works of authority? name examples and explain the significance
Used for interpreting the constitution especially during crisis - e.g Bagehot, Dicey’s parliamentary sovereignty, Erskine May during Brexit - out of date, lacks legal authority
What are the Wright Reforms? (2009)
Chairs of Select Committees directly elected by the House, established the Backbench Business Committee - 100,000 signatures on e-petitions discussed in HoC
What was the Miller case?
asked whether the power to invoke Article 50 was for the executive (PM) or legislature (Parliament) - held that it was Parliaments until appealed by SC that Parliament needed to give consent for PM to notify
What is meant by royal prerogative?
Power that used to be the monarchs, but have since been given to PM to exercise on their behalf - monarch now only has ceremonial power (e.g appointing ministers)
What are works of authority?
Authoritative texts that help interpret the constitution, often used during times of change (EU Withdrawal Act 2018)
What are some examples of works of authority?
The English Constitution by Bagehot, Dicey on parliamentary sovereignty, Erskine May
