Unit 3: Introduction to the Constitution of the United Kingdom Flashcards
Constitution
A constitution will usually define a state’s fundamental political principles, establish the framework of the government of the state, and guarantee certain rights and freedoms to the citizens.
Written/unwritten constitutions
A state with a codified constitution will have it set out in a single document. A state with an unwritten constitution will not, it will be made up of different sources.
Republican/monarchical constitutions
A state with a republican constitution will usually have a president as its head of state. Monarchical constitution will have an unelected monarch as head of state.
Federal/unitary constitutions
A state with a federal constitution will have a division of power between the central and regional government. A state with a unitary constitution will have a single sovereign legislative body. UK is unitary.
Rigid/flexible constitutions
A state that has a rigid constitution has an ‘entrenched’ constitution, meaning it may only be changed by following a special procedure. A flexible constitution is comparatively easy to change because no special procedures are necessary for the constitution to be amended.
Formal/informal separation of powers
A formal separation of powers means there is a clear separation both of functions and of personnel between the executive (ie gov), the legislative (ie parliament) and the judicial (ie courts) branches of state. Informal separation of powers means a significant degree of overlap in terms of functions and personnel in the executive, the legislative and the judicial.
Core constitutional principles of the UK
a) The rule of law
b) the separation of powers; and
c) the sovereignty of Parliament.
Sources of the UK constitution
a) Acts of Parliament;
b) case law;
c) the royal prerogative; and
d) constitutional conventions.
Residual freedom
Means that citizens are free to do or say whatever they wish unless the law clearly states that such an action or statement is prohibited.
Rule of law
Every citizen is subject to the law, including the ruler.