UK Constitution Flashcards
(34 cards)
What is a constitution?
A set of laws and guidelines that define how a political system operates, the distribution of power, and citizens’ rights in relation to the government.
What are the “twin pillars” of the UK constitution according to Dicey?
Parliamentary Sovereignty and the Rule of Law.
What is Parliamentary Sovereignty?
The principle that Parliament has supreme legal authority and can make or repeal any law. Its decisions cannot be overturned by any higher authority.
What is the Rule of Law?
The principle that the actions of the state are limited by law and all individuals, including government officials, are subject to the law.
What was the significance of the Magna Carta (1215)?
It limited the power of the monarch and established the principle that everyone, including the king, is subject to the law.
What did the Bill of Rights (1689) establish?
It made the monarch’s power dependent on Parliament’s consent and guaranteed rights such as free elections, frequent parliaments, and freedom of speech in Parliament.
What was the Act of Settlement (1701)?
It ensured that only Protestants could ascend to the British throne.
What did the Representation of the People Act (1918) achieve?
It extended the vote to all men over 21 and women over 30 who met minimum property qualifications.
What did the European Communities Act (1972) do?
It took the UK into the European Economic Community, giving EU law precedence over UK law in certain areas.
What was the purpose of the EU Withdrawal Agreement (2020)?
To formalise the UK’s exit from the European Union and set terms for future UK-EU relations.
Is the UK constitution codified?
No, it is uncodified. It is not contained in a single document but derived from multiple sources.
Is the UK constitution entrenched?
No, it is unentrenched, meaning it can be changed easily, often by a simple majority in Parliament.
Is the UK a unitary state?
Yes, legal sovereignty resides with the UK Parliament, although power has been devolved.
What is Statute Law?
Law passed by Parliament. It is the most important source of the constitution because of parliamentary sovereignty.
What is Common Law?
Law developed by judges through court decisions, forming legal precedents.
What are Conventions?
Established traditions and practices that are followed but are not legally enforceable.
What are Authoritative Works?
Scholarly texts that explain the workings of the UK constitution, e.g. Bagehot’s The English Constitution.
What role do Treaties play?
Treaties, especially those related to the EU, form part of constitutional law when ratified by Parliament.
Why was there demand for reform in 1997?
Public desire for modernisation, increased rights protection, sleaze scandals, and pressure for devolution, especially from Scotland.
What did the House of Lords Act 1999 do?
Removed most hereditary peers from the House of Lords, leaving only 92.
What is devolution?
The transfer of certain powers from central government to regional governments in Scotland, Wales, and Northern Ireland.
What did the Human Rights Act 1998 do?
Incorporated the European Convention on Human Rights into UK law, making it enforceable in domestic courts.
What did the Constitutional Reform Act 2005 establish?
It created the UK Supreme Court, separating the judiciary from Parliament.
What did the Fixed-Term Parliaments Act 2011 do?
Set general elections at five-year intervals, removing the PM’s power to call elections at will.