Nature and Sources of the Constitution Flashcards
(33 cards)
What does Uncodified mean in terms of the British Constitution?
The constitution is found in a variety of sources.
What is the significance of an uncodified British constitution?
It makes it more difficult for citizens to understand their rights and the political system, but easier to adapt.
What does unitary mean it terms of the British constitution?
All power ultimately derives from central government, as opposed to a federal constitution.
What is the significance of a unitary British constitution?
Westminster parliament is sovereign, any devolved power is not transferred permanently.
What does Rule of Law mean in terms of the British constitution?
Everyone is equally subject to the law, even ministers.
AV Dicey said it was one of the “twin pillars” of constitution.
What is the significance of Rule of Law for the constitution?
Makes Britain a modern liberal democracy and keeps government powers limited. If a government is found to have broken their rules, they must reverse their action.
What does Parliamentary Sovereignty mean in terms of the British constitution?
Parliament is the supreme authority, the constitution can be altered by parliament. This contrasts the the US’ constitution and is another “twin pillar”.
What is the significance of Parliamentary Sovereignty in the Constitution?
It is a fundamental and ancient principle, making it easy to pass law and change the constitution- no parliament can bind its successor.
What are the 6 main sources of the British Constitution?
Constitutional Statute Law;
Common Law;
The Royal Prerogative;
Conventions:
Works of Authority;
International Agreements.
What does Statute Law refer to?
Acts of Parliament, this forms the most important part of the British Constitution.
What are examples of Statute Law?
Laws that define who can vote: Great Reform Act 1832.
Human Rights: Human Rights Act 1998.
What is the significance of Statute law?
The constitution remains flexible and adaptable, however rights are protected by the ‘double lock’ of the ECHR.
What was the significance of EU on Statute Law
European Law automatically took precedence over UK laws and was binding on the Government.
What does Common Law refer to?
Laws and rights passed down over the years by legal judgements in the courts- Judicial Precedence.
What are examples of Common Law?
The right to free expression and the criminality of murder.
What is the significance of Common Law?
Statute law hods precedence over common law and can repeal or modify rights granted under common law.
What does the Royal prerogative refer to?
The historic political powers of the monarch, now effectively transferred to the prime minister.
What are examples of the royal prerogative?
The power to seek dissolution or prorogation of parliament.
Issuing UK passports
Deployment of armed forces.
What is the significance of the royal prerogative?
Seen as a way that governments can extend their powers, through honours and peerages, that can be handed out by the PM alone.
What do conventions refer to?
Unwritten traditions that help enable government and political activity run smoothly.
What are examples of conventions?
The 1945 Salisbury-Addison Convention- the lords agreed not to delay policies contained in Labours manifesto.
What are the significance of conventions?
They normally work well, for example the 2010 coalition. But they are only protected by tradition so can be broken.
What do works of authority refer to?
The writings and books of constitutional experts that clarify and explain the inner workings of the constitution.
What are examples of works of authority?
Walter Bagehot’s The English Constitution.
A.V. Dicey’s Introduction to the Study of the Law of the Constitution.
Erskine May’s Parliamentary Practice.
The Cabinet Manual
