Definitions Flashcards
(18 cards)
What is a constitution
A set of fundamental principles which a state or other organizations is to be governed by
What does a constitution ensure
Makes clear the right of citizens
Makes clear the powers and limits of government
2nd Amendment in the US
Allows weapons and guns
5th Amendment
“I plead the 5th”-the right to not say anything when questioned by a police
Uncodiefied
A system of government that does not have a single written document that outlines the fundamental principles and laws of the land.
E.g.the UK has an uncodified constitution as they require flexibility,adaptability rather than rigid laws
Codified constitution
A country fundamentals laws are all written down into a single document.
This provides certainty,clarity and a clear framework for the exercise of power
Bill of rights 1678
Fundamental documents of British constitutional law;designed to control the power of the monarch and establish certain civil and guarantee the liberties of citizens
Acts of union 1801
Legislative agreements uniting Great Britain ( England and Scotland) and Northern Ireland under the name of United Kingdom
What are statue laws
Passed by parliament (always have “act” )
Highest legal authority in the uk
Common law
Judge made laws, developed through courts and judicial rulings
Advantages and disadvantages of common law
Adv - flexible as judicial expertise helps create a nuance (well reasoned) legal principles that can adapt to new circumstances and societal changes in court
Dis - developed by unelected judges rather than elected lawmakers - can lead to concerns about democratic legitimacy ( uncertainty)
Landmark decisions
Big common laws that have changed the constitution
Advantages and disadvantages of landmark decisions
Adv - protects the rights of minorities against majority rule, ensuring justice for those who may not have the political power to influence legislation-upholding principles of equality
Dis- spark societal backlash if they go against established norms which can trigger resistance against judicial decisions
Authoritative works
Texts written by legal scholars that help clarify conventions/rules and principles of governance
Advantages and disadvantages of authoratative works
Adv- clarity / guidance -clear explanations of rules that may be unclear due to the UK’s unwritten constitution
( helps judges / public understand how GOV functions )
Dis- although they’re highly respected, not legally binding= uncertainty as they’re not obligated to follow the provided guidance
Treaties
Formal agreements between countries / international entities that are legally binding under international law.
Advantages and disadvantages of treaties
Adv- promotes international cooperation, facilitating cooperation between nations on shared concerns. Promoting peace and achieve mutual benefits that would be hard to achieve individually
Dis- sovereignty concerns= requires countries to adhere to international standards + conflict w/ domestic laws= uncertainty
Freedom of information act 2000
Allowed public to request and reveal information from the GOV that was concealed to ensure that the GOv was concealed as it might expose the MPs for milking the system (2008) scandal
Milking- abusing their own untouchable, supreme position by wasting the GOV’s money on luxurious restaurants and hotels