Week 1 - The UK's Constitution Flashcards
What does uncodified mean?
That our law is written in lots of different locations - thus we have to take our influence from a number of sources
How do we describe the UK’s Constitution?
Is it written (not unwritten) but merely uncodified
Why can the UK’s constitution being uncodified be an advantage?
We have more flexibility - the law can be changed relatively easily
What are the three sources of the UK’s constitution?
- statutory materials
- case law/common law
- conventions/customs
What makes up statutory materials?
- The Magna Carta
- The Bill of Rights 1689
- The European Communities Act 1972
- The Human Rights Act 1998
- The Constitutional Reform Act 2005
What are conventions/customs?
Considered ‘soft law’ - whilst not enforceable in the same way as legislation or the common law, they establish important principles that are respected and followed by the State
What is an example of a convention/custom?
The Prime Minister will be selected from the House of Commons, rather than the House of Lords
Who was the prerogative power pre 1668?
The Monarch
Who has the prerogative powers now?
The government, where they are exercised by ministers
How does Parliament remain vigilant to potential abuse?
Through holding the Government to account through a system of checks and balances:
- The Supreme Court
- The Committee System
- Parliamentary questions
- Debates
- Votes of Confidence