UK Government: 2.1.1 Intro to the UK constitution Flashcards
What is a constitution?
A body of fundamental principles and precedents according to which a state or other organisation is to be governed.
Define principles
Moral rules
Define Precedent
Established traditions /behaviour
Befits and cons of constitution based on precedents
+ Easily updated comparatively
- inhibit changes
- Inequality as precedents are set by those in power
Define Legitimacy
To those in power gives legal status to actions
What does the Constitution do
-Protects freedoms: restrains the power of those in office and distinguishes citizens’ rights under GOV
-Distinguishes the sphere of influence of different parts of GOV
-Primary goals & values of the state
Define uncodified constitution
Composed of a single written consitution
Define Uncodifyed constitution
Comprised of as variety of sources laws and conventions
Benefits of an uncodified constitution
-Easily amendable as it is unenchrenched
-Allow quick constitutional changes
-Constitutions keep up with society
-Prevent revolt as it’s easy to change the consitution
Case study- codified/uncodified gun crime US vs UK
-Right to keep arms defended by 2nd amendment
-656 mass shootings 38 in schools
-VS after UK Dunblan Primary 1996 firearms act 1997 bans handguns in about a year after the incident.
Negatives of an uncodified constitution
- Vounrabloe to party politics
- Leaves rights unprotected ( lack of entrenchment)
-Rely on convention
Case study- uncodified constitution previous conservative gov VOTING & PROTESTS
Voter ID- Disadvantages younger + minorities as they are less likely to have acceptable ID The older people oyster is acceptable, not younger.
Locking on protest: After the Public Order Act due to effect of climate protesters. The Act also criminalized causing serious disruption by tunneling, obstructing major transport works, and interfering with key national infrastructure. Additionally, the Act expanded stop and search powers, allowing police to search for items related to these new protest offenses.
Define Parliamentary sovereignty
Parliament is the supreme legal authority in the UK
What does Parlimentary soverity give Parliment the power to do?
-‘make or umake any law’
-Such laws cann’t be challenged by others
-It cannot bind it’s successors
What are the limits of Parlimentary sovereignty?
-Only legal soverity, don’t have political soverity
-still need consent form the people in elections
- Sewel convention: UK Parliment will consult developed regions when passing legislation effecting them.
What did A.V dicey all Parliamentary sovereignty and the rule of law?
‘the twin pillars of the constitution’
How much prison time did Fiona Onasanya recive
3 months
