1 - UK Constitution Flashcards
(25 cards)
Sources of the Constitution?
1) Statute Law
2) Common Law
3) Prerogative Powers
4) Works of Authority
5) International Treaties + Conventions
6) Conventions
What is statute law?
Acts of Parliament passed into legislation
Examples of statute law?
- HRA 1998
- Scotland & Wales Acts 1998
- Bill of Rights 1689
What is common law?
Legal precedents and decisions set by the courts (“stare decisis”)
Examples of common law?
- Murder
- Marriage
- Rex v Home Secretary - habus corpus
What are works of authority?
Important written interpretations and explanations of the Constitution
Examples of works of authority?
Bagehot - “The English Constitution” (1867)
What are conventions?
Unbinding, traditional rules that are followed within Parliament
Examples of conventions?
- Collective Responsibility
- Royal Assent
- PM is leader of the largest party
What are prerogative powers?
Residual powers of the monarch
Examples of prerogative powers?
- Power to prorogue Parliament (BJ 2019 wanted to prorogue for longer)
What are international treaties and conventions?
Agreements that the UK govt has signed up to
Examples of int. conventions and treaties?
- ECHR
- Paris Climate Agreement
Benefits of the uncodified constitution?
- Flexible
- Parliamentary sovereignty
- No parliament can bind its successor
- Adaptable
Drawbacks of the uncodified constitution?
- Unentrenched rights (BBoB Cons)
- Lack of clarity (few checks/ balances)
- Dependence on conventions (e.g. May Libya bombings)
What are constitutional statutes?
Statutes with large constitutional significance
- Magna Carta 1215
- Bill of Rights 1689
- HRA 1998
How is the Constitution now quasi-federal?
- Powers distributed to devolved assemblies
- Westminster and assemblies operate in different spheres of policy (“layer-cake”)
- BUT Westminster can retract these powers with its sovereignty
Examples from quasi-federal?
- Westminster blocked Scotland’s Gender Recognition Act under 1998 act
- Westminster closed down N. Ireland assembly in 2022
- Westminster pushed through gay marriage and abortion in N. Ireland
- BJ conflict with Wales over M4 road
What does the Constitution operate under?
Rule of Law
How common is an uncodified constitution?
Only 4 countries
(e.g. UK, N. Zealand, Israel, Saudi Arabia)
Reforms around political modernisation?
1) HoL Act 1999 - All but 92 hereditary peers & nominations
2) Const. Reform Act 2005 - No Law Lords & est. UKSC
3) HoL Reform Bill 2012 - Proposed to remove hereditary and introduce elections (91 Cons rebelled X Failure)
Reforms around increased democracy?
1) Referendums Act 1997 - Est. devolved assemblies in Scotland & Wales
2) Greater London Authority Act 1999 - Allowed for elected mayor (followed in other cities)
3) FTPA 2011 - PM needed 2/3 vote to call early GE (Reversed in 2022)
Reforms around Devolution?
1) Scotland, Wales & N. Ireland Acts 1998 - Set up devolved assemblies
2) Scotland & Wales Acts 2006 -
3) Scotland Act 2016 -
Reforms around Human Rights?
1) Human Rights Act 1998 - Incorporated ECHR into UK human rights cases
2) Equality Act 2010 - Combat discrimination against protected characteristics
3) Freedom of Information Act 2000
