The British Consitution Flashcards
(17 cards)
What is a constitution?
A constitution outlines the rights, values and responsibilities of citizens and the state and the relationship between the two.
What is a written constitution?
A written constitution is a single document summarizing the values of a country that has experienced rapid change through war, invasion or revolution.
What type of constitution does the UK have?
The UK has an unwritten constitution, which is made up of several sources.
List the components that make up the British Constitution.
- Statute - Acts of Parliament
- Common Law - judge made or case law
- Conventions – customs and traditions
- Treatises – authoritative books on constitutional law
- Treaties – EU and other international agreements
What principle did the Magna Carta establish in 1215?
The Magna Carta established the principle that everyone, including the king, was subject to the law.
What rights did the Magna Carta grant to free men?
The right to justice and a free trial.
What doctrine was established by the Bill of Rights in 1689?
The doctrine of Parliamentary Sovereignty.
What does Parliamentary Sovereignty mean?
It means the monarch can only rule through Parliament.
How did EU membership relate to Parliamentary Sovereignty?
Some argued that pooling sovereignty on certain issues violated the principle of Parliamentary Sovereignty.
What did the Human Rights Act 1998 incorporate into British law?
The European Convention on Human Rights. (ECHR)
What recent conflict arose between Parliament and the ECHR?
The UK’s blanket ban on allowing prisoners to vote, which the ECHR ruled contravenes the convention.
Is the European Court of Human Rights part of the EU?
No, it is part of the Council of Europe.
Who recommended the tripartite separation of powers?
Baron de Montesquieu.
What are the three branches in the tripartite separation of powers?
- Executive
- Legislature
- Judiciary
What is the composition of the Executive in the UK?
The Executive consists of the Prime Minister and the Cabinet, who are mostly also MPs.
What does the Legislature in the UK consist of?
Members of the House of Commons (MPs) and the House of Lords.
What is included in the Judiciary of the UK?
The Supreme Court and other judges.
