The constitution Flashcards
how did the magna carter develop the constitution
-1215
-king needed permission to raise taxes and actions were subject to approval established trial by jury =set precedent first time the monarchs power was limited
how did the act of settlement develop the constitution
1701
declared that parliament had the authority to determine the succession of the throne = confirmed judicial independence judge can only be removed if parliament agrees
how did the act of union develop the constitution
1707
united the parliament of Scotland with that of England and Wales = created United Kingdom although the independence of Scottish law was p
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how did the bill of right act develop the constitution
1689
gave legal force to certain rights and liberties = included summoning of parliament free elections no tax without parliament
how did the parliament act of 1911+1949 develop the constitution
lords lost right of veto and were only able to delay a bill for a year asserted primary of commons over lords
how did the European communities act develop the constitution
1972
UK joined EUC-EU takes precedent over domestic law 1991
what is a convention
dont legally have to be carried out but are due to tradition
Give examples of conventions
Salisbury convention=HOL does not oppose a policy in govs manifesto
by Blair allowing HOL vote on military invasion in Iraq set convention parliament should be consulted over military operations
-public should be consulted in a ref to legitimise constitutional change
carswell convention= Mp will resign from seat and hold a by election if they chnage party mid parliament term
what are authoritive works and give examples
-text of enduring political sig that they contributed to UK constitution
Walter Bagehot English constitution=explains relationship between monarchy legislature and executive
A.V Diley into to the law of constitution = set up twin pillars of parliament
Erskine May=regarded as part of constitution explains how parliament operates =Bercow used against May to stop reintroduction of Brexit deal that was unchanged
why is common law important and give an example of common law
important on occasions when law is lacking or unclear
Entick vs Carrington =established enduring precedent gov cant infringe on civil liberties of it citizens without legal justification which prevents autocratic gov
what is the difference between statute law and common law
statute law=Approved b both house of parliament and crown
common=set by judges
statute law is over common
give examples of statute law
1911-removed HOL right to veto=HOC has sovereignty
1928=universal suffrage
1998 sa=re established Scottish parliament devolution
-1998 HRA incorporated ECHR into British law
2010 equality act equal treatment of all
2013 legalises same sex marriage
what is a treaty
written agreement made between two or more political entities
describe the relationship between the EU and UK
-European committees act 1972 uk accepted treaty accession
-this made UK a signatory of treaty Rome=accepted all existing European community law
-UK ratified Lisbon treaty, Maastricht treaty and single european act=uk law changed
European union act 2018=transfers all existing EU laws into domestic
give two examples of a reforming statute
-2011 fixed term parliament act
-recall of mps act 2015
