UK Government 2.1.4 Features of UK Constitution Flashcards
What are the main principles of the UK constitution?
1)Parliamentary sovereignty
2) Rule of law
3) Constitutional monarchy
4)Fusion of powers
5) A unitary state
Define sovereignty
supreme power or authority
Define Parliamentary sovereignty
Parliament is the supreme legal authority in UK meaning:
Given Parliamentary sovereignty what does this mean Parliament is able to do?
-It has the right to ‘make or unmake any law’ ( A.V. Dicey)
- Such laws can’t be challenged by other branches of GOV( e.g. courts)
-Can’t bind it’s successor
=> However political sovereignty of the people and the Sewwl Convention limit Parliments power
What are the components of the rule of law?
The rule of law Equality under the law + Transparency under the law + independent judiciary + accessible legal remedy
Case study: Give an example of quality under the law working (fines)+ analysis
2020
BOJO became the first PM to be interviewed under caution over Partygate he was issued with a fixed penalty notice as punishment
=> Even executives can be prosecuted, no one is above the law
Case study: Give an example of equality under the law working (speeding) + analysis
2018
-LAB MP for Peterborough is convicted for perverting the course of justice after lying to police about speeding.
-Sentenced to 3 months in prison
-removed under the Recall of MPs Act 2015
Case study challenging the rule of law: Parliamentary privilege in action
2011 John Hemmings MP was criticised for publically naming Ryan Giggs as a footballer protected by a superinjunction to hide an alleged affair
What is Parliamentary privilege?
Legal immunity that protects PMs from civil and criminal liability for actions taken or statements made while performing their legislative duties
Define Exclusive cognisance
The right of each House of Parliament to regulate its own proceedings and internal affairs without interference from any outside body.
In _____ _________ MP was criticised for naming ______ _______ the footballer despite super injunction
2011
John Hemmings
Ryan Giggs
What is legal aid?
Payment form public finds to pay for legal advise for citizens in need?
What has the Law Society reported happened to legal aid funding?
form 2013-2023 rela spending has fallen by 28%
What did A.V. Dicey call Parliamentary sovereignty and the rule of law
’ The twin pillar of the constitution
What are the 3 branches of government and their role?
-Executive: executes/enforces the laws
-Legislature; created laws
-Judiciary: Adjustment
Which of the branches of government are fused?
Executive & Legislature
What group of people usually form the executive?
Largest party in the House of Commons
the PM being the leader of the largest party in the House of Commons makes them the …..
de facto head of legislature
When was the law Lord abolished? And under what act?
2005- Constitutional Reform Act
What was the Law Lord?
Law Lord sat in HoL and was a member of the judiciary
After the abolishment of the Law Lord (2005) what was established?
The Supreme Court, with judges who are Lords but can’t legislate
Is the Uk formally a unitary state or a federal state?
Unitary state
Define Unitary state
Power is centralised in central government (Westminster)
After devolution what kind of system (in terms of feral and unitary does the UK have)
“Quasi-federal”
What does “Quasi-federal” mean?
Partily federal, having more in common with federal states like the USA where severity is shared
