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Politics Paper 2 > 1.1 Nature and Sources of UK constitution > Flashcards

1.1 Nature and Sources of UK constitution Flashcards

1
Q

What is a constitution?

A

a set of rules, principles and laws which underpins a political system

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2
Q

4

What are the 5 main principles of the UK constitution?

A
  • unentrenched
  • uncodified
  • unitary
  • ‘twin pillars’ of parliamentary sovereignty and the rule of law
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3
Q

5

What are the 5 main sources of the UK constitution?

A
  • statute law
  • common law
  • conventions
  • authoritative works
  • treaties
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4
Q

4

Describe an ‘unentrenched’ constitution

A
  • not safeguarded against change
  • can be amended by an individual govt or parliament (Act of Parliament) e.g. HRA 1998
  • easier to change and more flexible
  • most countries have entrenched constitutions
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5
Q

3

Describe a ‘unitary’ constitution

A
  • Opposite of federal
  • constitution where legal sovereignty in one location (Westminster)
  • power can be delegated to subsidiary bodies - but this can be returned to sovereign body e.g. UKSC ruled that only UK Parliament could confirm EU withdrawal not devolved bodies (Gina Miller I 2017)
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6
Q

3

Describe a federal constitution

A
  • constitution where legal sovereignty is divided between central and regional govts
  • powers of regional bodies are protected by entrenched constitution
  • division of powers reserved to regional bodies is ‘symmetrical’ - all have equal powers
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7
Q

3

Describe parliamentary sovereignty

A
  • Parliament is supreme decision-making body in UK
  • Any decision made elsewhere in UK can be overturned by passing, amending or repealing Act of Parliament
  • No Parliament can bind successors
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8
Q

Describe 2 examples of Parliament being unable to bind successors

A
  • New Lab devolved power to London after Thatcher govt abolished Greater London Council
  • Dissolution and Calling of Parliament Act 2022 - scrapped Fixed-term Parliament Act 2011
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9
Q

4

Describe different types of sovereignty

A
  • Legal sovereignty - formal power, which lies where laws are made
  • Political sovereignty - body that holds most inlfuence over decision-making ‘in practice’ (public)
  • Popular sovereignty (electorate) - outcomes of elections/referendums are ‘in practice’ binding on Parliament
  • Devolved sovereignty - Parliament agrees for other institutions to take decisions (can be returned to UK Parliament)
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10
Q

3

Describe ‘rule of law’

A
  • principle that equal justice should apply to all - fair trial and no institution/individual above law
  • govt to follow law as laid down by Acts of Parliament
  • independent judiciary
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11
Q

2

List examples of fusion of powers

A
  • UK Parliament and Govt fused - govt members must be MPs/Lords
  • ‘Law Lords’ convened in legislature
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12
Q

3

Describe changes to the codification of the UK constitution

A
  • remains uncodified
  • Found in fewer sources (e.g. withdrawal from EU removes important source)
  • Increasing number of unwritten sources being written into statute law (e.g. HRA)
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13
Q

2

Describe changes to the unitary status of the UK constitution

A
  • ‘quasi-federal’ due to devolution
  • yet devolution asymmetric - so not federal
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14
Q

3

Describe changes to the entrenchment of the UK constitution

A
  • Parts of UK constitution have become de facto semi-entrenched
  • Govts informally entrench policies through referendums
  • e.g. Scottish Parliament safe from abolition due to high vote in 1997 Scottish devolution ref (74% support) + Scotland Act 2016
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15
Q

1

Describe changes to the parliamentary sovereignty of the UK constitution

A
  • increasingly come into clash with popular sovereignty by referendums e.g. Brexit
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16
Q

1

Describe changes to the fusion of powers in the UK constitution

A
  • Greater separation of powers related to judiciary
17
Q

2

Describe statute law

A
  • laws passed by UK Parliament that have received royal assent
  • supercede all other sources
18
Q

3

Describe common law

A
  • Unwritten customs established through judicial precedent
  • when judicial decisions clarify the meaning of statute or make rulings in the absent of statute
  • e.g. parliamentary priviledge, royal prerogative
19
Q

3

Describe constitutional conventions

A
  • unwritten rules or practices which are considered binding to all members of political community
  • e.g. Salisbury Convention and Collective cabinet responsibility
  • can be made permanent by statute law e.g. Parliaments Act 1911
20
Q

2

Describe foreign treaties and agreements

A
  • agreements with external bodies that bind the UK in some way
  • e.g. AUKUS permits disclosure of UK nuclear information to Australia
21
Q

2

Describe authoritative works

A
  • writings of constitutional experts that clarify meaning of constitutional principles
  • e.g. A.V. Dicey’s Law of the Constitution 1885 and Bagehot’s The English Constitution 1867
22
Q

2

Describe the Magna Carta (1215)

A
  • Limited power of sovereign
  • gave ‘free men’ right to justice and a fair trial (enshrined in Habeas Corpus Act 1689) - symbol of liberty
23
Q

2

Describe the Bill of Rights (1689)

A
  • Monarchs must seek consent of people represented through parliament
  • principles of frequent parliaments, free elections, freedom of speech within Parliament (‘Parliamentary Privilege’)
24
Q

1

Describe the Act of Settlement (1701)

A
  • Outlined succession of crown to protestants only
25
Q

2

Describe the Act of Union 1707

A
  • united parliament of Scotland and England and Wales
  • separate Scottish legal system retained
26
Q

3

Describe the Parliament Act 1911

A
  • Removed permanent veto of Lords - HoL delay set at maximum 2 years
  • Removed right of HoL to reject finance bills
  • duration of Parliament could not be extended without consent of HoL
27
Q

1

Describe the Parliament Act 1949

A
  • Reduced HoL’ rights to delay to 1 year

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