nature and sources of constitution Flashcards
(21 cards)
Uncodified
-Isn’t written down in a single document as is, for example, the American constitution
-Some parts are written, however others are unwritten
Unentrenched
-The UK constitution can be changed with a simple majority in parliament
-Isn’t different to normal laws and doesn’t have a higher status or extra protectiosn
Unitary
-Power is centralized in one place, parliament which is sovereign
-Devolution has complicated matters, while some argue that parliament can take away powers from devolved bodies, others argue that Britain is now ‘quasi-federal’ as power would be difficult to revoke.
A.V. Dicey
-Constitutional theorist who argued that the ‘twin pillars’ underpinning the UK constitution were parliamentary sovereignty and the rule of law.
Parliamentary sovereignty
-It is the key law making and amending body in Britain
-Can make laws on any subject, including making changes to the constitution
-Cannot bind its successors nor be bound by its predecessors
The rule of law
-All people and bodies must obey law, therefore everyone is treated as equal
-Everyone has the right to a fair trial and to know their charges
-Judges must be neutral and free from political interference, ensured by being well paid and difficult to sack
Westminster model
-Parliamentary sovereignty
-Fusion of the executive and the legislature, all members of government are MPs and accountable to Parliament
Political power is centralised
1215 Magna Carta
-Set the groundwork for the Rule of Law, as it stated that no-one should be deprived of liberty and property without the due process of law.
1689 Bill of Rights
-Included provisions for regular parliaments, free elections and freedom of speech within parliament
-Set groundwork for parliamentary sovereigntyy
1701 Act of Settlement
Right of parliament to determine the line of succession to the throne
1707 Acts of Union
United England and Scotland under one parliament in Westminster, representatives from both countries.
Centralization of power
1911 and 1949 Parliaments Acts
-1911 act set out that the House of Lords couldn’t delay money bills and only had a 2-year delaying power for other bills, reduced to 1-year in 1949.
1972 European Communities Act
-Confirmed UK’s entrance to the European Economic Community, which later developed into the EU. Included the principle that EU law would take precedence over UK law where a conflict occured.
2020 UK-EU Withdrawal Agreement
Following 2016 Brexit referendum, act removed the UK from the UK, restored the sovereignty and power of the UK parliament
How these documents developed the UK constitution
-Reduced the power of the monarch in favor of parliament
-Increased the rights and freedoms of citizens
-Drew together the components of the UK and centralized power
-Increased power of the Commons at expense of Lords
-Defined the relationship with the EU
How the development was unique
-UK hasn’t undergone a fundamental change such as a revolution, system evolved gradually over time.
Treaties, source of UK Constitution
-Agreements the UK has with other states, make the constitution more entrenched and codified
-E.g., ECHR, UK-EU Withdrawal Agreement.
Statute law, sources of the constitution
-Body of law passed by parliament, those that affect political system and citizens’ rights are constitutional
E.g.
- Parliaments Acts 1911 and 1949
-HRA 1998
1969 Representation of the Peoples Act
Authoritative Texts, sources of the constitution
-Books that explain the workings of the British political system, not binding nor enforced by law
-E.G. AV Diceys study of 1885, setting out ‘twin pillars’
Common law, sources of the constitution
-Legal principles laid down by judges, which provide precedents for later judgements.
-The presumption that a person accused of a crime is innocent until proven guilty was common law for centuries before it became statute law in 1879
Conventions, sources of the constitution
-Customs and practices about how government should behave that have been accepted over time.
-E.g. individual ministerial responsibility, they should resign over serious mistakes
-Monarch gives royal assent to an act passed by parliament
