uk constitution

• What type of constitution does the UK have?

  Unwritten - there is no single authoritative document however the UK constitution is written down in various places
• What 3 sources of law make up the uk constitution?

  • Rule of law
  • Separation of powers

  -parliamentary sovereignty
• Who created the rule of law?

  A.V. Dicey
• What is the first part / section of the rule of law?

  • No sanction without breach meaning no one should be punished unless they have broken the law
• What's an example for no sanction without breach?.

  A & others v uk 2004 (The Belmarsh prisoners) - arrested and put into prison and never informed why
• What is the second part / section of the rule of law?

  One law should govern all meaning everyone including the Government is equal before the law
• What's an example for one law should govern everyone?

  Prorogation of Parliament 2019 and Partygate 2021
• What's the third part / section of the rule of law?

  Individual's rights are protected by judge's decisions meaning judges will enforce the law equally
• What's an example for individual's rights are protected by the judge's decisions

  Human rights act in 1998
• Who created the separation of powers?

  Montesquieu
• What 3 groups does the separation of powers include?

  Government - executive

  Parliament - Legislative

  Judges - Judiciary
• What are the government supposed to do?

  Propose laws
• What is parliament supposed to do?

  Create laws
• What are judges supposed to do?

  Enforce laws
• Why does the separation of powers not work?

  fusion occurs
• What is fusion?

  Interfering with a job that isn't the one your directed to do
• Give 3 examples of fusion

  1- Government create laws e.g. statutory instruments - Cornish road closures

  2- Parliament propose laws e.g. Private member's bills - Abortion act 1967

  3- Judge's create laws e.g. Lord coke's murder definition
• What is legislation?

  the process of introducing, adopting, changing, or repealing law
• who created parliamentary sovereignty?

  A.V Dicey
• What is the first part/section of parliamentary sovereignty?

  Parliament can make or unmake any law regardless of public opinion
• What's an example for parliament can make or unmake any law?

  Coronavirus Act 2020
• What's the second part/section of parliamentary sovereignty?

  No parliament can bind another meaning no parliament can pass a law that prevents a future parliament from changing or repealing (revoke or cancel a law by making a new law that invalidates the previous one) that law
• What's an example for no parliament can bind another?

  Entered EU- European communities act 1972

  Left EU- European union withdrawal agreement act 2020
• What is the third part/section of parliamentary sovereignty?

  Acts of parliament cannot be challenged by the courts
• What's an example for acts of parliament cannot be challenged by the court?

  Section 4 Human rights act 1998