5.1 - The Nature of the UK Constitution Flashcards

1
Q

What is a constitution?

A

The determinant for where power is located within a nation state and the rules by which it is governed.

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2
Q

Why is the UK constitution so different to other nations?

A

Since the Norman Conquest in 1066, there has not been a historical event that has entirely altered the principles on which the nation is governed.

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3
Q

What was the first Act that established the right of the people?

A

Magna Carta 1215

Barons placed limits on the power of the monarchy.
* The monarch is not above the law.
* One cannot be punished without due process of law.

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4
Q

Why has the UK constitution developed in the manner it has?

A

It has been evolutionary, with no revolution required to break it from the past.

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5
Q

What is an uncodified constitution?

A

The constitution is derived from a variety of sources.

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6
Q

What is a codified constitution?

A

The constitution is contained within one document and is superior to all other law.

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7
Q

What is an unentrenched constitution?

A

The way in which the state is governed can be changed simply through an Act of Parliament.

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8
Q

What is an entrenched constitution?

A

It is impossible to alter the constitution without complicated procedures requiring the agreement of more than just legislature.

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9
Q

What is parliamentary sovereignty?

A

Parliament is the supreme legislative body.

It is free to enact any legislature as there is no authority greater than Parliament.

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10
Q

What are the rights of British citizens often seen as?

A

Negative rights.

i.e. the British public are free to do anything that has not been forbidden by Parliament.

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11
Q

How are the civil liberties of the British public protected?

A
  • The principle that the government should act according to the rule of law.
  • There is an independence from the judiciary and government.
  • Judges interpret the law according to the principles of natural justice.
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12
Q

What is the rule of law?

A

The same laws apply equally to every citizen and the government is subject to the same laws as everyone else.

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13
Q

What is a unitary state?

A

Power is centralised and the central government possesses absolute authority.

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14
Q

What legislative changes have reduced the unitary powers of the UK?

A

Devolution of powers to Scotland, Wales and Northern Ireland.

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15
Q

What are the sources of UK constitution?

A
  • Common Law
  • Statute Law
  • Conventions
  • Authoritative Works
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16
Q

How long has the UK constitution been developed over?

A

800 years.

17
Q

How is statute law a source of UK constitution?

A

Acts such as the Parliament Act 1911 removed the House of Lords’ right of veto.

18
Q

What is statute law?

A

A parliamentary bill which has been approved by both Houses.

(In the UK there is no authority greater than statute law)

19
Q

How is common law a source of UK constitution?

A

How the judiciary interprets statute law to set precedence to be followed in future cases.

20
Q

What is common law?

A

Judgements made by judges in important legal cases.

21
Q

What are some landmark common law cases?

A

Somerset v Stewart 1772 (Nothing in English statute law justified slavery)
Bushell’s Case 1670

22
Q

What is a convention?

A

A convention represents the accustomed way in which political activity is carried out.

Conventions do not legally have to be followed, as their constitutional significance derives from the force of tradition.

23
Q

What are some examples of conventions in the UK?

A
  • Salisbury Convention
  • Collective Ministerial Responsibility
  • Consultation of Parliament to decide if we go to war
  • The public should be consulted in referendum to legitimise proposed changes to UK constitution.
24
Q

What are authoritative works?

A

Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom,

25
Q

What is a treaty?

A

A written agreement between two or more political entities.

26
Q

What case placed EU law above UK law?

A

Factortame 1991

27
Q

What effect did the Factortame case have on parliamentary sovereigty?

A

Pooling sovereignty with a supranational organisation placed some limits on UK parliamentary sovereignty.