Chapter 2 - Features of UK Constitution Flashcards
Sources of UK Constitution
Constitutional rules are contained in a variety of different sources, both legal and non-legal. They have developed at various points in history.
Sources include: Acts of Parliament, the common law, political rules in the form of constitutional conventions, the HRA 1998.
Retained EU law is also now part of UK law.
Rule of Law
Principle that requires that the law should be applied fairly, that the government should act according to the law, and that laws should generally not have retrospective effect.
Lack of Entrenchment & Parliamentary Sovereignty / Supremacy
UK consitution is not entrenched.
Highest form of law in the UK legal system are Acts of Parliament.
Instead of a codified constitution (entrenched), supremacy rests with Parliament itself.
If a change to the constitution is desired, all that is required is an ordinary Act of Parliament, passed with majority in House of Commons and House of Lords.
The Courts - Interpreting Legislation
A way that judges/courts are part of the consitution.
When disputes arise, courts are required to interpret constitutional legislation.
Courts are able to give definitive ruling on the issue.
E.g. R (Jackson) v Attorney General (2005)
The Courts - Common Law
A way that judges/courts are part of the constitution.
Courts determine, develop, and expand on common law (judge-made law).
i.e. Judicial review.
Constitutional Monarchy
Monarch has powers granted to them under the constitution.
In practice - Very limited, Monarch has no personal discretion and many powers are exercised by democratically accountable politicians.
Royal Perogative
Collection of powers which the common law recognises as belonging to the Crown (i.e. government/executive).
Today, most of these powers are exercised by government.
Can be abolished or regulated by an Act of Parliament.
Most have been abolished and replaced by statute.
Ram Doctrine
“Third source powers”
Powers entirely incidental to statutory and royal prerogative powers.
Give the government powers needed to carry on the ordinary business of government which are not explicitly authorised by statute or royal prerogative.
Constitutional Conventions
Significant rules of the constitution that are not regulated by legislation or the common law.
Arise out of previous practice, a feeling that one is duty bound to follow the practice, and a constitutional reason for the rule.
Can be matter of legitimate political debate whether to follow in some circumstances.
Union State
UK is a union state, formed of four nations: England, Scotland, Wales, N Ireland.
Unitary State
Executive and legislative power is concentrated at the centre.
UK is unitary state - Power concentrated in Parliament and government.
Federal State
Sees power divided between the centre and individual states or regions.
Central government administers the powers allocated at the centre for the whole country, with the states or regions having their own institutions to administer powers allocated to the local level.
Devolution
UK has three legal jurisdictions: England & Wales, Scotland, N Ireland.
Parliament has power to make law for all three, however law may vary between them.
Devolution - Certain Acts of Parliament have given Scotland, Wales, and N Ireland their own legislatures and governments to develop and administer laws in specific areas of policy.
Extent of devolution differs in jurisdictions - Thus it is described as “asymmetric devolution”.
Parliamentary System
The leadership of the executive, the Prime Minister, and other government ministers are also members of Parliament. (House of Commons or House of Lords).
Elections to HoC serve two purposes:
(1) Choose members of that chamber of the legislature;
(2) Indirectly choose government.
Presidential System
Differs from Parliamentary system in UK.
President is head of the executive branch. Is elected separately from the legislature.
i.e. USA / France.
