Constitution of the UK Flashcards
(28 cards)
What is a constitution?
A constitution is a code of rules that regulates the allocation of functions, powers, and duties among the various agencies and officers of government and defines the relationship between these and the public
What are the three main bodies of state in the UK constitution?
Parliament (Legislature)
The Executive
The Judiciary
What was the Magna Carta and why is it significant?
Signed in 1215, the Magna Carta is seen as the first constitutional document attempting to establish that the monarch is not above the law.
What principles were established in the Case of Proclamations
The monarch cannot change the common law or statute law.
The monarch has no prerogative but that which the law allows.
What is the modern role of the monarch?
Largely symbolic; executive power is exercised by the government in the monarch’s name.
What powers remain with the monarch (prerogative powers)?
Summoning/proroguing Parliament
Appointing the Prime Minister
Royal Assent
Pardons
Declaring war
Issuing passports
Signing treaties
How did Dicey define the constitution?
“That set of rules which directly or indirectly affect the distribution and exercise of sovereign power in the state.”
What are the sources of the UK constitution?
Legislation
Case law
Constitutional conventions
Is the UK constitution written?
Not in a single document. It is uncodified but has both written and unwritten sources.
What is a ‘constitutional statute’?
One that:
(a) conditions the legal relationship between the state and citizen;
(b) enlarges or diminishes fundamental constitutional rights.
What is the purpose of a constitution?
To regulate the use of state power, ensuring predictability, accountability, dispersion of power, and protection of rights.
How does flexibility distinguish the UK constitution?
Because it is uncodified, it can evolve and change without special procedures (unlike entrenched constitutions like the USA’s).
What is the role of Parliament?
Parliament is the supreme legislative body. It debates and passes laws, scrutinises government, and controls public expenditure.
What are the components of Parliament?
The Sovereign (King-in-Parliament)
The House of Commons (elected MPs)
The House of Lords (unelected life/hereditary peers, bishops)
What are key features of the House of Lords?
It can scrutinise and amend Bills but must defer to the Commons on financial and manifesto legislation.
What is the Executive and how is it structured?
Monarch (symbolic)
Prime Minister and Cabinet
Government departments
Civil service
Local government authorities
From where do government departments derive their power?
Statute
Common law
Royal prerogative
What is the principle of lawful delegation of power within the Executive?
Ministers may delegate to civil servants within their department, provided the official has sufficient authority.
How is executive power legally constrained?
Through the requirement of statutory or common law authority and the mechanism of judicial review in the Administrative Court.
What is the role of the judiciary?
Resolves legal disputes
Decides criminal sentences
Reviews legality of government action (judicial review)
What did Lady Hale say about the Supreme Court in 2016?
It is the “guardian of the constitution”, ensuring lawful government, protecting rights, and adjudicating on devolved legislation.
How are conventions defined in the Cabinet Manual (2011)?
“Rules of constitutional practice that are regarded as binding in operation but not in law.”
What is the function of conventions?
To fill in gaps in the uncodified constitution and to ensure proper constitutional conduct where legal rules are absent.
What are some key executive conventions?
Monarch acts on ministerial advice
Monarch grants Royal Assent to Bills
PM must command Commons’ confidence
PM selects ministers
Ministers (PM and Chancellor) must be MPs
