UK Constitution Flashcards
(26 cards)
Uncodified constitution
Uncodified constitution - where parts are written down, but there is no one single document outlining the constitution of the state.
Codified constitution
Codified constitution - where the key constitutional structure and arrangement in a state is collected together within a single legal document.
What does it mean when we say the UKs constitution is flexible due to being uncodified?
Flexible - can be changed without any lengthy or difficult process. However, this is in context of the ‘rule of law’, a pillar of the UK constitution stating the government is limited by law.
What does it mean when we say the UKs constitution is unentrenched due to being uncodified?
Unentrenched - all constitutional laws are no different from statute laws. Parliament is sovereign so can change the constitution by passing statute.
What does it mean when we say the UKs constitution is non-judiciable due to being uncodified?
Non-judiciable - judges cannot challenge Parliament’s ability to make or amend statute laws.
What does it mean when we say a codified constitution is rigid?
Rigid - requires a lengthy and difficult process to alter it. E.g. in the USA an amendment requires a 2/3rds majority in Congress plus 3/4 of state legislatures.
What does it mean when we say a codified constitution is entrenched?
Entrenched - it is difficult to amend or remove provisions. They are considered ‘higher; laws, usually the highest. This leads to a two-tier legal system where the constitution stands above law made through legislation.
What does it mean when we say a codified constitution is Judiciable?
Judiciable - a constitutional court decides if government action or laws passed by legislature are ‘constitutional’.
What is statue law?
Statute law: Laws passed by Parliament. Since Parliament is sovereign, statute laws are sovereign. For example the Freedom of Information Act.
What are authoritative works?
Authoritative works: books written to help explain the workings of the UK’s complex constitutional arrangements. They are so vital to our understanding that they have become parts of our constitution/ E.g. Erskine May’s ‘Parliamentary Practice’ 1884.
What is common law?
Common law: where judges make decisions based on long-established practices or form an opinion of a fair and just outcome. The UK judicial system works on the principle of precedence, which means once the senior judiciary have decided on a case, similar cases will be considered in the same light.
What are conventions?
Conventions: traditions and customs developed over centuries throughout the UK’s ‘evolutionary’ system. They are not laws. E.g. while all rules relating to elections are laws, the idea a PM should resign after they have lost an election is a convention.
How are treaties related to the UK constitution?
Treaties: EU treaties are an additional source of the UK constitution.
House of Lords reform act 1997
House of Lords reform act 1997: took away power from the most undemocratic element of the HoL, the hereditary peers.
2015 Recall of MPs act
2015 Recall of MPs act: introduced a process where an MP can be recalled by their constituency to face a by-election.
The Wright Reforms
Reforms in the Commons: the Wright Reforms redistributed power to backbenchers and from the government.
English votes for English Laws (EVEL)
English votes for English Laws (EVEL): laws concerning England only have a greater input from MPs representing English constituencies. Between 2015 and 2021.
Devolution acts
Devolution acts: Scotland Act 1998, NI Act 1998, Government of Wales Act 1998. Put local representatives in charge of local issues.
What did exiting the EU do to decision-making powers within the UK government?
Exiting the EU: returned all decision-making powers back to Parliament, which is directly accountable to the British people.
Local Government Act 2000
Elected mayors: gave powers over large areas to locally elected mayors. E.g. London, West Midlands, Liverpool, Manchester.
What are Police and crime commissioners?
Police and crime commissioners (PCC): elected representatives who are responsible for the efficient and effective policing of an area.
When was the Human Rights Act and what did it do?
Human Rights Act 1998: made the European Convention on Human Rights (ECHR) law accessible in UK courts, making it easier for UK citizens to access the rights.
When was the Freedom of Information Act and what did it do?
Freedom of Information Act 2000: provided public access to documents held by public authority. Passed as a result of the ‘Spider Letters’ (King Charles leaks).
When was the Fixed-term Parliaments Act and what did it do?
Fixed-term Parliaments Act 2011: fixed the dates of UK general elections to once every five years to reduce the PM’s prerogative power.
