UK Constitution Flashcards
(23 cards)
Individual rights
Rights that belong to each citizen e.g. the right to free speech/religion
Collective rights
Rights that lie with groups of people
Rule of law
The principle that law should be enforced and that it is applied equally to everyone, including the government
Codified
A constitution which all provision are written down in a single set of documents
Uncodified
A constitution that is not contained in a single set of documents
Parliamentary sovereignity
The principle of the British Constitution that the ultimate power lies with parliament (as opposed to the courts or the prime minister)
‘No parliament can bind its successor’
What one elected parliament enacts as legislation a later parliament can change or revoke
Statute law
Acts of Parliament - the most important source of the British Constitution. Any law that has been passed by both houses of parliament and has received the royal assent
Examples of statue law
- HoL Act 1998 (92 peers)
- CRA 2005 (SC got the powers of the Law Lords)
Common law
The body of legal precedent resulting from the rulings of senior judges - is superseded by statute law
Royal prerogative
The formal powers of the monarch which are, in practice, exercised by the prime minister and the government - e.g appointing ministers, dissolution/prorogation of parliament
Conventions
Unwritten rules and procedures mostly concerned with parliament that facilitate the smooth running of the Constitution
Example of a convention
Salisbury-Addison Convention of 1945 - the HoL should not block government bills that seek to implement manifesto commitments
Works of authority
Least visible/clear sources of the British Constitution. Comprise a variety of books and documents that deal with areas including parliamentary procedures and the responsibilities/duties of government and ministers
Examples of works of authority
A.V Dicey’s “Introduction to the Study of the Law of the Constitution” (1885)
Included identifying the ‘twin pillars’ of democracy - rule of law and separation of powers, also conventions such as ‘The King must assent to, or cannot “veto” any bill passed by the two Houses of Parliament’. Strongly asserts the notion of parliamentary sovereignty
The Cabinet Manual (2010)
Produced by the Cabinet Office at the start of the coalition government. Covers ministerial conduct, cabinet composition and the scrutiny of government by parliament
Authoritative opinions
Views and definitions that are important and regarded as the final word or authority on an issue
International Agreements
The UK is a signatory to a number of international agreements, such as the ECHR. The government is obliged to abide by their terms or face legal challenges in the courts
Magna Carta (1215)
First document to limit the powers of the King - established rule of law should apply to the monarch. Many of its terms were specific/particular to that period in history
Bill of Rights (1689)
Newly crowned monarchs had to accept the bill - key terms were frequent parliaments, free elections and parliamentary privilege. Did NOT cover the rights of ordinary men/(women)
Act of Settlement (1701)
Stipulated that the crown could only be held by a Protestant, case of parliament ‘calling the shots’. Abolished Scottish Parliament
Parliament Acts (1911 and 1949)
Limited the power of the HoL to delaying legislation for one year (2 years until 1949) and took away the power over financial matters. Both acts significantly increased the democratic accountability of Westminster
European Communities Act (1972)
Enabled the accession of the UK to the European Economic Community (EEC), later the EU. Negotiated by Cons. PM Edward Heath, 12 causes long, passed 2nd reading by 309-301 votes
