Week 3: Principles of the UK Constitution Flashcards
Provide three arguments for codifying the codification of the constitution.
- Provides a clearer and more accessible set of arrangements
- Easier to understand
- Opportunity for reform
- Prevents abuse of constitutional arrangements
Provide three arguments for the constitution remaining uncodified.
- Reduces flexibility
- Introduced a number of questions (West Lothian Question)
- Would require a lengthly and costly process of consultation with the public
- Couldn’t be enacted like any other piece of legislation
What are the three principles of the constitution?
- The Rule of Law (Legality)
- Separation of powers (Responsible government)
- Parliamentary Sovereignty (Democracy)
What are the two perspectives on the rule of law?
- Substantive
- Formal
What is an issue with further definition of the Rule of Law
It would make it legally contestable.
How long can the House of Lords delay a bill for.
A year.
Which case highlights that a bill does not reqiure the assent of the House of Lords.
R v Attorney General [2005] UKHL 56
Which case highlighted that it is within the Court’s power to strike down secondary legislation?
R (Unison) v Secretary of State for the Home Department
- The SoS proposed a fee for brining cases before the court
- This fee was struck down due to it impeding access to justice
What are Bingham’s 8 Principles of the Rule of Law?
- The Law must be accessible, intelligible, clear and predictable as is possible
- Questions of legal right and liability should be resolved by the application of law and not discretion
- The law of the land should apply equally to all
- Public officials must not exceed the limits of their powers unreasonably
- The law must protect Human Rights
- The Law must be accessible
- adjudicative procedures should be fair
- Domestic law should adhere to international law
Who said power tends to corrupt and absolute power corrupts absolutely
Lord Acton
What can be considered a constructive breech of the seperation of powers
A veto
What are the downsides of a veto
- Undermines indpendence of the judiciary
- Abuse of power
- Undermines parliamentary soverignty
- Ineffective legislature
What are the upsides to a veto?
- Vetos can be reversed through a 2/3 majority or other contingency
- Allowing regulation of the legislature while respecting law making authority.
What can be considered a destructive breech of the separation of powers?
An executive order.
What is Barendt’s perspective on the seperation of powers?
An administration can span across all three branches as long as it is adequately held to account.
