Constitution-1-23 Flashcards
(39 cards)
What is a constitution?
A body of laws, rules and practices that sets out the way in which a state is organised.
What are the twin pillars of the UK constitution?
- Parliamentary Sovereignty
- Rule of Law
What does a constitution define?
The relationship between the government and the individual, and between different parts of the state.
What is a bill of rights?
Legal protection for the rights of individuals provided by a constitution.
What is meant by limited government?
A system of checks and balances to prevent one branch of government from becoming too powerful.
What is a codified constitution?
A written constitution that clearly defines the powers of the different branches of government.
What is an uncodified constitution?
A constitution with no single source, containing key ideas and principles from different sources.
What is fundamental law?
Law that is above ordinary law, typically found in codified constitutions.
What does it mean for a constitution to be entrenched?
Special procedures are needed to amend the constitution.
What is the difference in flexibility between codified and uncodified constitutions?
Codified constitutions are seen as inflexible, while uncodified constitutions are seen as flexible.
What does the UK constitution lack?
A clearly defined entrenched and superior fundamental law.
What is statute law?
Law created by Parliament, requiring approval from both Houses and royal assent.
Give an example of statute law of constitutional importance.
- Great Reform Act 1832
- Parliament Acts 1911 & 1949
- European Communities Act 1972
What is common law?
Legal principles developed and applied by UK courts.
What is the royal prerogative?
Powers traditionally exercised by the monarch, now exercised by government ministers.
What are conventions in the context of the UK constitution?
Rules or norms of behaviour that are widely thought to be binding but are not legally enforceable.
What is a work of authority?
Political texts or books that serve as a guide to constitutional law.
Name a significant work of authority related to the UK constitution.
- Erskine May’s A Treatise on the Law of Parliament
- Walter Bagehot’s The English Constitution
- A.V. Dicey’s An Introduction to the Study of the Law of the Constitution
Fill in the blank: The UK constitution is seen as very _______.
flexible
True or False: The US Constitution has been amended more than 100 times.
False
What did the Fixed Term Parliaments Act 2011 establish?
Fixed, 5 yearly elections to the Westminster parliament.
What is the significance of the 2nd amendment in the US?
It states that the right of the people to bear arms shall not be infringed.
What is the role of the judiciary in relation to common law?
To clarify cases where law is unclear and establish precedents.
What is the impact of parliamentary sovereignty on the UK constitution?
Parliament can enact or amend laws without constitutional constraints.