uk constitution

Cards (63)

  • What are two reasons why we need laws?
    To maintain order and protect rights
  • Which three bodies/groups make law?
    Government, Parliament, and Judges
  • Is R v Thomas 2019 a civil or criminal case?
    Criminal
  • Is Bletchley v Thomas 1992 a civil or criminal case?
    Civil
  • Is DPP v Smith 1972 a civil or criminal case?
    Criminal
  • What is the difference between Government and Parliament?
    Government executes laws; Parliament makes laws
  • What is the UK Constitution?
    A formal document outlining state laws
  • What are the three sources of UK law?
    Statute law, common law, and EU law
  • Who is Parliament?
    The supreme legislative body in the UK
  • What is the pre-legislative process?
    Preparation before a bill is introduced
  • What are the types of Bills in the pre-legislative process?
    Public, private, and hybrid bills
  • What are the legislative stages?
    Introduction, debate, committee, and approval
  • What are the effects of the Parliament Acts 1911 & 1949?
    Limitations on the House of Lords' power
  • What are the advantages of primary legislation?
    Provides clear legal authority and stability
  • What are the disadvantages of primary legislation?
    Can be inflexible and slow to change
  • What is a written constitution?
    A formal document outlining fundamental laws
  • What is an unwritten constitution?
    A selection of rules and conventions
  • What does AV Dicey mean by "no sanction without breach"?
    No punishment without breaking the law
  • What is an example of "one law governs all"?
    Prorogation of Parliament 2019
  • What does "fusion" mean in the context of law?
    Overlap of powers among state functions
  • Who created the Separation of Powers theory?
    Montesquieu
  • What theory did AV Dicey create?
    Parliamentary Sovereignty
  • Who was locked up without charge against "no sanction without breach"?
    Belmarsh Prisoners
  • Provide one example of fusion in law.
    Statutory Instruments for road closures
  • Explain the process of making an Act of Parliament.
    1. Proposal of a Bill
    2. First Reading
    3. Second Reading
    4. Committee Stage
    5. Report Stage
    6. Third Reading
    7. House of Lords consideration
    8. Royal Assent
  • Explain the Rule of Law doctrine.
    • No one is above the law
    • Laws must be clear and public
    • Rights are protected by the judiciary
    • Laws are enforced equally
  • Explain the Separation of Powers doctrine.
    • Division of government responsibilities
    • Executive: Proposes laws
    • Legislative: Creates laws
    • Judiciary: Enforces laws
  • Explain the Parliamentary Sovereignty doctrine.
    • Parliament can make or unmake any law
    • No Parliament can bind another
    • Acts cannot be challenged by courts
  • Why is the UK’s Constitution different from other countries?
    It is unwritten and flexible
  • What is the name of the first theory that underpins our constitution?
    Rule of Law
  • What are the three elements of the Rule of Law?
    Clarity, equality, and protection of rights
  • Who created the concept of Parliamentary Sovereignty?
    AV Dicey
  • When the powers of the state overlap their functions, what is this called?
    Fusion
  • What is the significance of the Coronavirus Act 2020?
    It exemplifies Parliamentary Sovereignty
  • What does the Human Rights Act 1998 allow?
    Judicial scrutiny of laws
  • What is the European Communities Act 1972?
    It facilitated UK's entry into the EU
  • What is the European Union (Withdrawal Agreement) Act 2020?
    It formalized UK's exit from the EU
  • What is the role of judges in the UK’s unwritten constitution?
    To protect individual rights through decisions
  • What is the significance of the Human Rights Act 1998 (s4)?
    It allows courts to declare laws incompatible
  • What is the impact of judicial review on Parliamentary Sovereignty?
    It allows scrutiny of laws by courts