EXTRA-Sources of the UK Constitution Flashcards
What is a judicial precedent?
a decision of a court of law which is quoted as an authority for future decision making when deciding a case involving a similar set of facts.
Why have Hanson and Walles written of the British habit of placing ‘new wine in old bottles?
because although many of our national institutions have a long history, the role they play is constantly undergoing change
What are the 5 sources of UK Constitution?
1) Convention
2) Authoritative texts
3) Prerogative powers
3) statute law
4) Common law
5) European law
What did the Magna Carta in 1215 assert?
the view that a monarch could and should be controlled by their subjects.
What has the Magna Carta in 1215 influenced?
common law and documents and is considered one of the most important legal documents in the history of democracy
What was the name of Walter Bagehot’s book which is apart of the authoritative works in 1867?
The English Constitution
What did Bagehot say about the British constitution in ‘the English Constitution’ 1867?
That the genius in the constitution lay in the ability for it to combine the gradualism of continuity with the capacity for adaption
What did the Wales Act 1998 do? (statute law)?
the established the Welsh National Assembly
Where does the Royal Prerogative come from?
It comprises of a number of powers or privileges performed in the past by the monarch but now performed by the PM and the power derives from the Crown
What 3 rights do ministers have under the Royal Prerogative?
1) Make treaties
2) declare war
3) dispense honours
What have judicial decisions been important in establishing?
individual rights in relation to those in authority
What is judicial review?
This is the power of the courts to overturn executive or legislative actions they hold to be illegal or unconstitutional. The UK has a weak form; the courts can review executive actions, deciding whether the Executive has acted ultra vires unfairly or without reference to relevant facts
What has judicial review allowed judges to do over the decades?
has enabled judges to make important decisions on the justice and fairness of particular laws and thereby influence government policy
what has furthered the importance of judges in our constitutional arrangements?
the Human Rights Act 1998
What are conventions?
They are unwritten rules that guide our constitutional behaviour, they are customs of political practise that are usually accepted and observed.
