The nature and sources of the Uk Constitution Flashcards
(37 cards)
What is a Constitution?
- A set of rules
-Defines relationship between government and citizen
-Defines the limits to governments power
What is Government?
Prime Minister and the cabinet
What does codified constitution mean ?
a constitution written in one place
What is the Uk constitution ?
- Uncodified
-Unitary constitution
Why is the UK Constitution described as unentrenched?
-Easy to change
What is the difference between Unitary and Federal governments ?
concerns where. ultimate power resides in a state
What does Unitary mean ?
Power is divided between states who lend overreaching powers to the federal government
What are the sources of the U.K constitution ?
-Statute law
-Common law
-Constitutional conventions
-Works of authority
-The Royal Prerogative
-EU law
What is Statute law ?
-Most important law that makes up the constitution (law is sovereign)
-Laws/acts passed by Parliament
-A written law
e.g Human rights act 1998
What is Common Law ?
-The laws made by judges
-Deals with open-ended aspects of the law
-Judges > bound by legal precedents
-Often use past cases to define the laws created
e.g Diane Pretty’s case
What is the rule of law?
-Everyone is equally subject to the laws of the land
What are constitutional conventions ?
-They enable politics and parliament to run smoothly
-Not written down, but are generally agreed
-Non legal rules = code of conduct
e.g Ministerial code
What is the Royal Prerogative?
-Formal powers of the monarch that are in practice by the PM and government
-Appointing ministers, making international relation treaties and calling general elections, lies with the executive and not the legislative
What is EU law ?
-Still applies in the UK till we reform it
-Competition law and trade with other countries are the main laws > started to change due to Brexit
-EU law took precedence over UK law (no longer)
Constitutional changes: What is the House of Lords Act 1999?
removed all but 92 hereditary peers from the House of Lords and allowed for the introduction of more live peers.
Constitutional changes: What is the Human Rights Act 1998?
-Incorporated the rights in the European Convention on Human Rights into UK law
-UK Cours could now resolve Human rights abuses reducing the workload for the European Court of Human rights
What is the Magna Carta (1215) ?
- first document to put into writing >principle that the king and his government were not above the law.
- sought to prevent the king from exploiting his power, - -placed limits on royal authority > establishing law as a power in itself.
What is the Bill of Rights (1689) ?
The Bill firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament – known today as Parliamentary Privilege.
What is the Act of Settlement (1701) ?
Main aim was protestant succession to the throne and to strengthen the guarantees for ensuring a parliamentary system of government.
What is the Acts of Union (1701) ?
Act that joined Scotland with England creating the UK
What are the Parliament acts (1911/1949) ?
An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament.
What is the European Communities Act (1972) ?
An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar.
How did Tony Blair in 1997-2007 aim to reform the constitution?
-Modernisation of Political institutions > HoL and Judiciary
-Greater democracy > Referendums
-Greater decentralisation > Devolution
-Greater protection of rights
How did Blair’s Constitutional Reform Act 2005 create a more democratic separation of powers?
-Act > created a separate Supreme Court > replaced HoL as the highest court
-Changed role of lord chancellor
-Created >Greater independence for the Judiciary > improved separation of powers
