C5 - constitution Flashcards
constitution definition
rulebook by which the country is governed
codified constitution
constitution in one document
uncodified constitution
general sense that a set of constitutional rules exist - like in UK
functions of a constitution (6)
- determine the distribution of political power
- determine the power balance between govt. and parliament
- states the limit of govt. power (UK constitution doesn’t put restrictions on parliaments power)
- sets out rights of citizens against the state
- sets out who is entitled to be a citizen
- contains within itself the rules to its own amendment
how does the UK constitution change
Parliamentary statute
evolution of conventions
stages in development of UK constitution
1215 - Magna Carta
1698 - Bill of rights
1701 - The act of settlement
1707 - The act of union
1911 - The parliament act
1917 - The parliament act
1972 - European communities act
2017 - the European (Notification of withdrawal) act -
what did 1215 magna carta do
establish rule of law
what did 1689 bill of rights do
established parliamentary sovereignty
what did the 1701 act of settlement do
established monarchs position as ruler of UK
what did 1707 act of Union do
abolished the separate Scottish parliament
what did 1911 parliament act do
HoL lost power to regulate finances and could only delay legislation for 2 years
what did 1949 parliament act do
reduced 2 year delay period to 1 year
what did 1972 European communities act do
brought UK into European community (later EU)
what did 2017 European (Notification of Withdrawal) act do
gave parliamentary consent to the UKs exit from the EU
features/nature of the UK constitution (4)
- uncodified
- not entrenchment
- sovereignty
- unitary
what does uncodified mean
- means the UK constitution isn’t contained in a single document
what does entrenchment mean
entrenchment is the principle that protects a constitution from short term reform
- UK constitution is not entrenched, as parliament is sovereign and all they have to do is pass a single act of parliament
what does sovereignty mean
-in the uk sovereignty lies with Parliament, making our constitution a unitary one
what does unitary mean
- sovereignty is in one place
in a federal constitution sovereignty is shared, often is a central body and other sub central bodies
sources of UK constitution
statute law
constitutional conventions
tradition
historical principles and authoritative work
common law
international bodies
sources of UK constitution - statute law - with examples
laws made by acts of parliament, some of which set constitutional principles. this takes precedence over other sources.
e.g. - Equal franchise act 1928 - fully equal voting rights for women
HRA 1998 - adopted ECHR
Scotland Act 1998 - Establishing Scottish parliament.
sources of UK constitution - Constitutional conventions - with examples
unwritten rules of behaviour that have come to be binding. they are deeply rooted and so rarely disputed.
e.g. - collective and individual ministerial responsibility - ministers should follow govt. line and are responsible for actions taken by their ministry
the assumption that a govt. will resign after a loss of a vote of no confidence
Salisbury convention
sources of UK constitution - tradition - with examples
-political traditions have become entrenched
- seen in the practices of HoP that have come to govern how they operate
e.g. King opens parliament by announcing govts legislative plan for upcoming year in kings speech
HoC can’t sit unless the mace is placed as a symbol of royal authority
LLoyd Russell-Moyle
2018 - Labour MP picked up the mace in HoC during proceedings in HoC protesting Brexit - meant parliament couldn’t hold debates/pass laws, until it was returned 30 secs later
