Checks and Balances Flashcards
(17 cards)
What is a Constitution?
A body of fundamental principles or established precedents according to which a state or other organisation is governed.
Define Codified Constitution.
A constitution in which key constitutional provisions are provided for within a single written document.
What is an Uncodified Constitution?
An uncodified constitution is one which is not contained within a single written document.
What does Separation of Powers refer to?
The division of a state’s governance into branches, each with separate powers and responsibilities.
List the typical branches in the Separation of Powers model.
- Legislature
- Executive
- Judiciary
What is the principle of Checks and Balances?
Each branch of the state should have the power to limit or check the other two, creating a balance.
What are the characteristics of Codified Constitutions?
- Authoritative
- Entrenched
- Judiciable
What does it mean for a constitution to be Authoritative?
The constitution is a ‘higher law’ that binds all political institutions.
What does Entrenched mean in the context of a Codified Constitution?
A codified constitution is difficult to amend or abolish.
What does Judiciable mean in relation to a Codified Constitution?
The judiciary can declare whether a law or action is constitutional or unconstitutional.
What are the characteristics of Uncodified Constitutions?
- Not authoritative
- Not entrenched
- Not judiciable
What does it mean for an Uncodified Constitution to be Not authoritative?
Constitutional laws have the same status as ordinary laws.
How can an Uncodified Constitution be changed?
The constitution can be changed through the normal process for enacting statute law.
What are the sources of the UK Constitution?
- Statute law (Acts of Parliament)
- Common law (derived from precedents and customs)
- Conventions (long-established procedures)
- Works of Authority (text books by constitutional scholars)
- European Union law?
- Treaties
What is the nature of Britain’s constitution?
Unitary and monarchical constitution.
What does it mean that Britain’s constitution is unitary?
The UK has no states, and central government can revoke powers given to devolved assemblies.
What type of constitution is Britain’s constitution classified as?
Parliamentary constitution rather than a Presidential one.
