Sources Of The UK Constitution Flashcards
Focus on sources: Statue law, Common law, Conventions, Authorative works and EU law (21 cards)
Name 6 sources of the British Constitution
Acts of Parliament, conventions, works of authority, treaties and EU law.
What is a constituiton?
A body of laws that establishes main institutions of government, decides decision makers and provides against abuse of power (limited Government.
What is the defining feature of the UK constitution?
It is uncodified, meaning it is not a single written document, instead has numerous sources.
What did the Magna Carta (1215) achieve?
Fair trial, limitations on tax, removed arbitrary imprisonment).
What did the Bill of Rights (1689) achieve?
Limited monarch power, enhanced Parliament, stopped cruel or unusual punishment)
What did the Parliamentary acts (1911 and 1949) achieve?
Stopped delaying money bills and could only delay 2 years then 1 year)
What did the European Communities act (1972) achieve?
UK joined the EEC (European Economic Community), incorporate EU law making EU law superior to UK law.
What is statute law?
Law created by Parliament, must be approved by HOC, HOL and Monarch.
What is constitutional law?
It affects the relationship between state and people.
What year was the Scotland act, creating the Scottish Parliament?
1998
How did the HRA 1998 affect UK law?
It added rights from European convention.
Which act made elections have to occur every 5 years?
Fixed term Parliament Act 2011
What are the Parliament acts of 1911 and 1949 an example of?
Statute law
What is Common law?
Customs and traditions that may also come from judge decisions.
What is Judicial review?
Creates legal precedent, power judges have to consider whether something is constitutional or not.
Can courts be unconstitutional?
No, but they can be unlawful and Parliament can overturn their decisions.
What authority do customs have?
They are legally binding like Royal prerogative.
How has EU law affected the British constitution?
After 1972, EU law was made superior to UK law when incorporated. Example: Maastricht Treaty that came into force in 1993.
How will Brexit affect EU law?
If UK left, EU law would no longer be compulsory.
What are Authoritative works, or works of authority?
Legal or Political text used as reference points for when understanding/interpreting constitution.
What is an example of an Authoritative works?
Walter Bagehat’s ‘The English Constitution’ (1867), defined role of cabinet as ‘efficient secret of the English Constitution’ and PM as ‘first among equals’
