Uk Constitution Flashcards
(41 cards)
What is meant by a codified constitution?
A single written document that contains the fundamental laws and rules of a political system.
What is an uncodified constitution?
A constitution not contained in one single document, but formed from various sources.
Define a statute law and give an example.
A law passed by Parliament, e.g., the Human Rights Act 1998.
What is common law in the UK?
Laws developed by judges through court decisions.
What are constitutional conventions? Name one example.
Unwritten rules guiding political practice, e.g., the PM is the leader of the largest party.
What is meant by ‘authoritative works’? Name one example.
Legal writings used for constitutional interpretation, e.g., A.V. Dicey’s work.
What is the royal prerogative?
Historic powers of the Crown now exercised by ministers, e.g., declaring war.
Define parliamentary sovereignty.
Parliament can make or unmake any law and cannot be overridden by any body.
What is the rule of law?
Everyone is subject to the law and treated equally under it.
What is the difference between individual and collective rights?
Individual rights protect personal freedoms; collective rights protect groups like unions.
What was the significance of the Magna Carta (1215)?
Limited monarch’s power and affirmed the right to a fair trial.
What did the Bill of Rights (1689) establish?
Parliamentary power over the monarchy and civil liberties.
Why was the Act of Settlement (1701) important?
Established Protestant succession and judicial independence.
What did the Parliament Acts of 1911 and 1949 change?
Reduced House of Lords’ ability to delay legislation.
What are the five main sources of the UK constitution?
Statute law, common law, conventions, authoritative works, and EU/retained law.
Why are conventions the most flexible source?
They are not legally binding and evolve with political norms.
Why is statute law the most authoritative source?
It is passed by Parliament and overrides other sources.
Why is the UK constitution considered evolutionary?
It develops gradually through laws and reforms, not revolution.
List one advantage of an uncodified constitution.
Flexibility and adaptability.
List one disadvantage of an uncodified constitution.
Lack of clarity and legal certainty.
Why is parliamentary sovereignty a key principle?
It means Parliament is the supreme legal authority.
How has devolution challenged parliamentary sovereignty?
It transferred powers to devolved bodies like the Scottish Parliament.
How does the rule of law limit government power?
By holding ministers accountable and allowing judicial review.
What was A.V. Dicey’s contribution?
Highlighted rule of law and parliamentary sovereignty.