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Flashcards in Constitutions and Constitutional Law Deck (20)
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1

Constitution

1) A document with special legal status which sets out the framework for government and declares the principles by which the branches of government must operate.
2) The whole system of government, all the laws and practices which regulate the government

2

Most important function of Cons

Ensure the country is governed in accordance to democratic principles

3

Rigid

Certain laws cannot be changes in same manner as ordinary laws

4

Features of Rigid (5)

1) Codified
2) Entrenched Against Appeal
3) Special Procedure for Amendment
4) Checks of Power
5) ‘Bill of Rights’

5

Federal

Split of powers between national government and local government

6

Unitary

Power concentrated in one unit/entity/state

7

US amendment procedure (4)

1) 2/3 majority in both houses
2) or, 2/3 of state legislatures
3) Ratification from 3/4 state legislatures
4) 26th Amendment - Voting age reduced (1971)

8

Sources of UK constitution (4)

1) Acts of Parliament
2) Tradition
3) Conventions
4) European Law

9

Acts of Parliament Example (4)

1) Magna Carter 1215
2) Bill of Rights 1689
3) Act of Settlement 1701
4) Succession of Crown Act 2013

10

Belmarsh

Detention of foreign nationals - rules unlawful

11

R (MIller) v Prime Minister 2019

Prorogation unlawful

12

Non-legal sources of the Constitution

Dicey’s Theory
1) Parliamentary Sovereignty
2) Rule of Law

13

Conventions

Political Ethics/ Unwritten Rule

14

Conventions adhered to because... (2)

1) Practical benefit
2) Purpose - stops constitution dating (Jennings)

15

Examples of Conventions (6)

1) Royal Prerogative
2) Salisbury Convention
3) Collective Responsibility
4) Commonwealth
5) Individual ministerial responsibility
6) Sewel Convention

16

Reasons for resignations (4)

1) Incompetence - Lord Carrington
2) Lack of candour - Green 2017
3) Sexual Impropriety - Fallon 2017
4) Exceeding job remit - Patel 2017

17

Madzimbamito v Lordner-Benke

UK statute took priority over independence and conventions

18

Miller v Sec of State (2017)

UK government does not require approval of devolved to activate the process to leave the EU

19

For Codification of Conventions (4)

1) Greater transparency
2) Harder to break
3) Freedoms of individual protected
4) More checks

20

Against Codification of Conventions (4)

1) Threatens flexibility
2) Defining conventions is problematic
3) Politicised the judiciary
4) New conventions would appear