constitution Flashcards
(30 cards)
codified constitution
single authoritative document that sets out laws principles and rules by which a state is governed and which protects the rights of citizens
uncodified constitution
laws rules and principles specifying how a state should be governed are not gathered in one single document
instead they are found in a variety of sources
some written - statute law
and some unwritten - convention
statute law
law derived from acts of Parliament and subordinate legislation
common law
law derived from General customs or traditions and the decisions of judges
conventions
established norms of political behaviour rooted in past experience rather than the law
Royal prerogative
discretionary powers of the crown that are exercised by government ministers in the Monarchs name
parliamentary sovereignty
doctrine that parliament has absolute legal authority within the state
enjoys legislative supremacy
may make law on any matter it chooses
decisions not overturned by any higher authority and it may not bind its successors
rule of law
legal theory holding that relationship between the state and individual is governed by law protecting the individual from arbitrary state action
which important documents make up the uk constitution?
Magna Carta 1215 Bill of rights 1689 act of settlement 1701 parliament acts 1911/1949 European communities act 1972
5 sources of the U.K. constitution
statute law common law conventions authoritative works EU law and treaties
what is a unitary state
one in which sovereignty is located at the centre
name a most recent example of devolution
wales act 2017
greater fiscal powers e.g set Welsh rates of income tax from April 2019
name an example of decentralisation
directly elected mayor of London - North of Tyne mayor may 2019
name a most recent reform of rights
counter terrorism act 2008
name a most recent example of parliament reform
fixed term parliaments act 2011 - fixed govt terms at 5 years from 2015
example of judiciary reform
CRA 2005
what does the CRA 2005 involve
new uk Supreme Court
new judicial appt system
changes to role of lord chancellor
creation of new justice dept
name 4 principles/natures of the constitution
parliamentary sovereignty
rule of law
unitary state
constitutional monarchy
what was P U F F stand for
parliamentary sovereignty uncodified unitary fusion of powers flexible
what is the Westminster model?
parliament is sovereign
executive and legislature are fused
political power is centralised
name three strengths of the U.K. constitution
adaptability
strong government
accountability
name three weaknesses of the U.K. constitution
outdated and undemocratic
concentration of power
lack of clarity
which act potentially undermines parliamentary sovereignty?
European communities act 1972 - subservient to EU law
labour 1997 promised a programme of constitutional reform driven by which 4 interlocking themes?
modernisation
democratisation
decentralisation
rights
