1 the constitution 1.1 Flashcards
(46 cards)
what is a constitution?
determines where power is located within a nation.
establishes extent of the governments authority.
what is a codified constitution?
it is contained in one single document entrenched and is superior to all other law.
what is uncodified constitution?
it derives from a variety of sources and does not represent a higher law.
magna carta act 1215
barons placed limits on the power of monarchy
established that the crown is not above law i
introduced the right to free trial.
bill of rights 1689
Stuart King James 2 was overthrown as he tried to establish an Absolut monarchy.
bill summoned free elections no taxation without consent of the parliment and parliament freedom of speech so basically parliament was given full power.
act of settlement 1701
this act confirmed that parliment was over the crown
and had the authority to determine the succession to the throne
also confirmed judicial independence.
Act of union 1707
it united the parliament of scotland with that of England and Wales this created the United kingdom. Scottish law was preserved.
parliament act 1911 and 1949
house of commons is more powerful than the house of lords
European commission act 1972
Britain joined the EU
EU law takes precedence over UK law.
devolution 1997
result of the referendum scotland and wales established their own governments.
brexit 2016
parliament now has power as UK will make laws again.
what is the nature of the uk constitution?
list the three Us
unentrenched
uncodified
unitary
“twin pillars” of parliamentary sovereignty and the rule of law.
what is unentrenched?
it means something that can change easily
like the UK constitution by a simple act of parliament or even a shift in convention.
why is the UKs constitution uncodified
means that it is not written down in one document and is made up of multiple sources.
why is the UK Constitution unitary?
because all power is centralised or lies in the Parliament in Westminster.
what is parliamentary sovereignty?
it declares that parliament is the supreme law-making body and that power lies in parliament.
what are the five main sources of the UK constitution?
statue law
common law
conventions
authoritative works
treaties
explain and give examples of the sources starting with
statue law
momentous acts of parliament contributes to the UK’s uncodified constitution.
eg. Parliament Act 19911-1949 which removed the Hol right of veto[changes where power lies]
common law
judgements made by judges in important legal cases.
sets procedures to be followed in future cases
e.g. Bushell case [1670
gave the jury some power.
conventions
the accustomed way of doing things force of tradition.
e.g. Sir Alex Douglas
sailsbury convention(Hol will not oppose legislation from a government manifesto)
landmark decisions
they are historical events that also contribute to our constitution.
e.g. Magna Carta 1215 recognised limits can be placed on the crown,
authoritative works
influential pieces of writing
e.g. Av dicey twin pillars of parliamentary sovereignty and rule of law.
gus o donnel coalition gov
Treaties
can change the location of power in the uk and how law is made.
e.g. the European Communities Act of 1972 uk accepted eu law.
Since 1997 there have been many reforms to the constitution. explain them starting with
devolution
referendums in 1197 led to creation of swcottish welsh nothern ireland assembleys and parliments was also a mayor of london.
greater self determination and policies met the demand of scotlanfd wales and Nl
regional assemblies were abandoned