Key Concepts - The Nature and Sources of the BC Flashcards
What is the definition of individual rights?
These are rights that belong to each citizen. EG = The right to free speech.
Would members of a trade union have collective rights?
YES –> Collective rights are rights that lie with certain groups of people. Another example would include people with disabilities.
What is a constitution?
A set of rules!
What is the ‘rule of law’?
The principle that the law is enforced and that the law applies to everyone equally, including the government.
Is the BC uncodified or codified?
UNCODIFIED –> The constitution is not contained in a single set of documents
Give an example of an codified constitution.
US Constitution –> It is all written down in a set of documents.
What principle of the BC states that parliament is the ultimate authority?
Parliamentary sovereignty! Parliament has the final say on what the BC contains.
What are the ‘twin pillars’ of the BC?
Parliamentary sovereignty and rule of law
How many sources of the BC are there?
6!
What is the most important source of the BC?
Statute law –> Any law that has been passed by both houses of parliament and has received the royal assent (Acts of Parliament)!
What is the definition of common law?
Common law is the body of legal power that has resulted from the rulings of previous judges in courts.
What can common law be referred to as? HINT = There are 2 possible answers!
Case law or judge-made law!
Simply explain what the royal prerogative is.
The formal powers that the monarch which are exercised by the PM and the government.
Give an example of a less well-known prerogative power!
The issuing of UK passports!
What are conventions?
Unwritten rules which enable parliament to run smoothly.
