Human rights and the constitution Flashcards
What is a codified constitution?
A single, authoritative document that sets out the law, rules and principles by which a state is governed, and which protects the rights of citizens.
What is a uncodified constitution?
A constitution where the laws, rules and principles specify how a state is governed, are not gathered in a single document.
What is a bill of rights?
An authoritative statement of the rights of citizens.
What is a constitution?
The set of laws, rules and practices that create the basic institutions of the state and its components and related parts and stipulates the powers of those institutions and relationship between the different institutions and between those institutions and individuals.
What is fundamental law?
Constitutional law that is deliberately set above the regular statute in terms of status and given a degree of protection against regular laws passed by the legislature.
What is Statute Law?
Acts passed by parliament + Treaties and Retained EU law
What is Common Law?
Law developed by the decisions of judges.
What is the Royal Prerogative?
What are Conventions?
Non-legal rules that are considered binding.
What are Authoritative Works?
Books written by constitutional experts.
What other countries have uncodified constitutions?
Israel and New Zealand
Why are codified constitutions often adopted?
After significant political changes in a nations history, such as after a revolution. E.g. American revolutionary war, Iraqi government collapse March 2004, Nazi surrender.
What is an Elective Dictatorship?
An all-powerful government, that can potentially use its majority control of the Commons to make unpopular constitutional reforms.
What do critics of legal constitution fear?
An unelected Juristocracy.
What is a Criticism 1 of the UK constitution?
Checks and balances are too weak, and can result in an elective dictatorship.
