The Constitution Flashcards
(39 cards)
What is a constitution?
A constitution is a body of laws, rules and practices that sets out the way in which a state or society is organised.
What is a bill of rights?
An authoritative statement of the rights of citizens, often entrenched as a part of a codified constitution.
What is a limited government?
A system in which the powers of the government are subject to legal constraints as well as checks and balances within the political system.
What is a codified constitution?
A single authoritative document that sets out the laws, rules and principles by which a state is governed, and which it protects the rights of its citizens.
What is an uncodified constitution?
A constitution where the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead, they are found in a variety of sources- some written (statute law) and some unwritten (convention).
What is the Magna Carta?
1215
Guaranteed the right to a swift and fair trial
Offered protection from arbitrary imprisonment
Placed limitations on taxation
What is the Bill of Rights? (document)
1689
Placed limitations on the powers of the monarch
Enhanced the status of parliament
Prohibited cruel and unusual punishment
What is the Act of Settlement?
1701
Barred Roman Catholic or those married to Roman Catholics
What was the Act of Union?
1707
United the kingdoms of England and Scotland to form Great Britain, governed by Westminster.
What are the Parliament Acts?
1911/1949
Removed the power of the HOL to block money bills by imposing a maximum 2 year delay.
Reduced the power of the HOL to delay non-money bills by reducing the time limit to 1 year.
What is the European Communities Act?
1972
The act of Parliament that formally took the UK into the EEC.
Incorporated the treaty of Rome into UK law, thus making European law superior to domestic law.
What does entrenched mean?
Difficult to change, often requiring supermajorities, or approval by referendum.
What is fundamental law?
Constitutional law that is deliberately set above regular statute in terms of status, and given a degree of protection against regular laws passed by the legislature.
What are the 5 sources of the UK constitution?
Statute law.
Common law.
Conventions.
Authoritative works.
European Union law and treaties
What is statute law? Examples?
Law derived from Acts of Parliament and subordinate legislation. Have to be approved by HOC, HOL and the monarch before they have the force of law.
Great reform act 1832- extended franchise
Parliament Acts 1911/1949- established HOC as the dominant chamber in our bicameral Parliament.
European Communities Act 1972- by which the UK joined the European Economic Community (EEC) and incorporated the Treaty of Rome (1958) into UK law.
Scotland Act 1998- which created a Scottish Parliament.
HRA 1998- incorporated the rights of the European Convention into UK law.
Fixed-Term Parliaments Act 2011- established fixed, 5 yearly elections to the Westminster Parliament.
What is common law?
Law derived from general customs or traditions and the decision of judges. Senior judges in the UK’s higher courts use their power of judicial review to clarify or establish a legal position where statute law is absent of unclear.
Parliamentary sovereignty and the supremacy of statute law means that the government can always overturn such common law precedent by means of an Act of Parliament.
What is royal prerogative? Examples?
Discretionary powers of the crown that are exercised by government ministers in the monarchs name.
Appoint ministers and choose the prime minister.
Give royal assent to legislation.
Declare war and negotiate treaties.
What are conventions?
Established norms of political behaviour; rooted in past experience rather then the law.
Not codified or legally enforceable.
“The monarch must for their assent to Acts of Parliament.”
“Gordon brown announced that the UK would not declare war without a parliamentary vote”
What are authoritative works? Examples?
Long established legal and political texts that have come to be accepted as the reference points for those wishing to know precisely ‘who can do what’ under the UK constitution.
No legal status, they do have persuasive authority.
Erskine May’s ‘a treatise on the law, privileges, proceedings and usage of Parliament’ (1844)- the bible of Parliamentary practise.
Walter Bagehots ‘the English constitution’ (1867)- sets out the role of the cabinet and the PM, describing the former as ‘efficient secrets of the English constitution’ and the latter as ‘first amongst equals’.
What is European Union Law?
Following the European Communities Act 1972, the UK became a member of the EEC on 1st of January 1973.
The treaties establishing the EU, legislation emanating from the EU, and judgements of the ECoJ have all become a part of the British constitution.
This is due to the 1958 Treaty of Rome, which was incorporated into UK law at the time of joining the EEC, European law takes precedence over UK law.
What are the four key principles that underpin the UK constitution?
Parliamentary sovereignty.
The rule of law.
A unitary state.
Parliamentary government under a constitutional monarchy.
What is Parliamentary sovereignty?
Parliament has the absolute legal authority within the state. It enjoys legislative supremacy: Parliament May make law on any matter it chooses, its decisions may not be overturned by any higher authority and it may not bind its successors.
This legislative supremacy is constructed around three interconnect propositions:
Parliament can legislate on any subject of its choosing.
Legislation can not be overturned by any higher authority.
No Parliament can bind its successors.
Why is Parliamentary sovereignty questioned?
Under the European Communities Act 1972, Parliament effectively agreed to make itself subservient to European law.
New labours revolution programme saw the Scottish Parliament being granted tax-varying powers and primary legislative control over many areas of government operation.
Although UK referendums are technically only advisory in nature, their increased use since 1997 could be said to question the sovereignty of Parliament.
What is the rule of law?
A legal theory holding that the relationship between the state and the individual is governed by law, protecting the individual from arbitrary state action.
Three main strands:
No one can be punished without trial.
No one is above the law, and are all subject to the same justice.
The general principles of the constitution, such as personal freedoms, result from judge made common law, rather than from parliamentary statute or executive order.
