Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Public Law > Constitution > Flashcards

Constitution Flashcards

(56 cards)

Start Studying
0
Q

What is constitutional law?

A

It is the basic rules which government follow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is public law?

A

Law which regulates governments and their relationships with each other

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the constitution main function?

A

To confer and regulate power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two main types of constitution?

A

Codified and uncodified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a codified constitution?

A

It is a written historical document which defines the institution of government and allocates powers among these institutions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the most famous codified constitution?

A

The USA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is an un codified constitution?

A

It is a unwritten constitution which is not legally entrenched and uses political practices and legal rules to allocate and regulate power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the most famous un codified constitution?

A

The UK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What source does statute come from?

A

Claim of rights 1689

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What source does international treaties come from?

A

Treaties of union 1707/1800

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What source does case law come from?

A

Rv Secretary of State for transport exp factor tame (No2) 1991 AC 603

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is constitutional conventions?

A

Unwritten political rules. The exist in all constitutions but play an important role in the UK constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

I Jenning, The law and the constitution 5th den 1958 p81

A

“Conventions…provide the flesh which clothes the dry bones of the law”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Examples of constitutional conventions

A

The Sewel convention, the monarch (royal assent) and the prime ministers power to allocate cabinet members

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Problems with conventions

A
  • when not followed has it been breached or changed?
  • the meaning of conventions is not always clear
  • the could be deliberately created
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Advantages of uncodified constitution

A
  • flexible
  • embodies ‘practical wisdom’
  • allows successful management of potential constitutional conflicts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Disadvantages of uncodified constitution?

A
  • lacks accessibility
  • lacks certainty
  • easily manipulated due to governments considerable amount of power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Reasons for UK constitution becoming more legal and less political

A
  1. Increased codification-legal rules rather than unwritten conventions
  2. A stronger role for courts-greater legal regulation
  3. A more formal/explicit constitutional change (increasing use of referendums)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the two methods of distribution of power?

A

Horizontal and vertical

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Horizontal distribution

A

The legislative, executive, judicial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Vertical distribution

A

Local government, region/sub state national government, government(UK), international governance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is meant by territorial constitution?

A

It is a highly complex territorial distribution of powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

UK as unitary state

Study These Flashcards
A

1973- legislative power was concentrated in UK parliament which has unlimited legislative power (sovereign)

23
Q

What are the two challenges for understanding the unitary of uk?

Study These Flashcards
A

EU membership and devolution

24
When did Britain join EU?
1976
25
How many members of EU?
28 members
26
What is intergovernmental?
It is a forum for a cooperation between sovereign governments in pursuit of and to be extent compatible with their nation interests, primarily with common market
27
Where does authority come from in intergovernmental?
Authority derives from treaties and council mister is key legislative body
28
What is supranational government?
It is an adoption sovereignty in pursuit of common European interests, it is an economic and political union
29
The UK as a union state
It has asymmetrical governance arrangements
30
Why is devolution introduced to UK as a union state?
Introduced to address distinct constitutional concerns and develops according to different constitutional logic
31
UK as a quasi federal state
Uk cannot legislate in devolved areas without consent of devolved legislature. Courts police boundaries in legal competence for devolved institutions
32
What are the principles of constitutionalism?
``` Democracy Accountability Separation of powers Rule of law Individual livery and rights ```
33
Democracy
Means government is rules by the people
34
Representative democracy
Governors are chosen by and accountable to the governed
35
Participatory government
Direct popular involvement in the business of government
36
Issues of democracy & uk constitution
How often are election held? Who can stand for elections and how they selected? Who has right to vote?
37
why are UK parliament under challenge from representing the people?
Loss of trust in politicians, growth in direct democracy (participation rights, Public petition and constitutional referendums)
38
Accountability
It is an obligation to give and account for and justify actions/decisions and take responsibility did actions/decisions
39
Accountability may be...
Financial Legal Political
40
Accountability and UK constitution
Collective ministerial responsibility Individual ministerial responsibility Parliament controls the 'power of the purse'
41
"Accountability revolution"
Rise of judicial review Proliferation of me firms of accountability Increased transparency Responsibility to weakness in parliamentary accountability
42
Accountability - separation of powers
Institutions, personnel, functions
43
Separation of powers and UK constitution- executive and legislature
"Efficient secret" or "elective dictatorship"
44
Separation of powers and UK constitution- judiciary
Strong recognition of principle of judicial independence since 18th century (constitutional reform act 2005)
45
Separation of powers and uk constitution- no complete separation if functions
Delegated legislation Judicial development of the common law Parliament privilege
46
Rule if law
The rule of law as a principle of limited government | "A government of law and not of men" (John Adams 1780)
47
Conceptions of rule of law
Formal conception Procedural conception Substantive conception
48
Rule of law- formal conception
Government officials must be able to show lawful authority for their actions. Sovereignty of parliament may clothe any government action with any form of law
49
Rule of law- procedural conceptions
``` In order for law to have power it needs certain qualities: Generality Publicity Prospectively Clarity Consistency Constancy Performability Enforceability ```
50
Rule of law- substantive conceptions
Rule if aw as a political ideology associated with liberal ideas if limited government: Not discretionary powers Equality before law Protection of fundamental rights
51
Individual liberty and fundamental rights
Protection of fundamental rights is the key role for modern constitution
52
What are fundamental rights!
Civil and political rights Economic and social rights Group rights
53
Fundamental rights and uk constitution- traditional approach
Rights and liberties are not legally entrenched no protection on unpopular minorities against majorities
54
Fundamental rights and uk constitution- positive protection for fundamental rights
European convention on human rights 1950 Ratified by UK 1951 Rights of individual petition to European court of human rights 1966
55
Fundamental rights and uk constitution- domestic incorporation of ECHR
Human rights act (1998) S.3- interpretive obligation S.4- declaration of incompatibility S.6- duty of public authorities to comply with convention rights

Public Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions