Main principles of the British constitution

• What is parliamentary sovereignty?

  The idea that Parliament has absolute legal authority within the State 
• What is the rule of law?

  A legal theory holding that the relationship between the state and the individual is governed by law
• What are the two 'twin pillars' of the British constitution?

  1. Parliamentary Sovereignty
  2. The Rule of Law
• What are the three main strands of the Rule of law?

  1. No one can be punished without a trial
  2. Everyone is subject to the same justice
  3. The general principles of the constitution stem from judge-made law
• What are the three propositions of Parliamentary Sovereignty?

  1. Parliament can legislate on any subject of its choosing
  2. Legislation cannot be overturned by a higher authority
  3. "No parliament can bind its successor"
• What does unitary mean?

  Where sovereignty lies in one location (Westminster)
• What happens in a unitary constitution?

  1. Subnational institutions do not have autonomous powers
  2. Regional governments are weak or non-existent
  3. Local governments have little power
• What is legal sovereignty?

  The ultimate power to make laws that will be enforced 
• Who has legal sovereignty and who doesn't?

  Parliament has legal sovereignty, government does not
• What can Parliament do to laws proposed by government?

  Parliament retains the power to veto laws proposed by the government
• Who are government ministers accountable to?

  1. Politically accountable to parliament
  2. Legally accountable the Crown
• What established the supremacy of Parliament over the monarchy?

  The Glorious Revolution 1688
• What has gradually been passed over from the monarch to the PM?

  Prerogative Powers:

  • All law-making powers
  • Appointing and retiring ministers
• What powers does the monarch still uphold?

  Formal powers, such as Royal Assent
• What is Party control?

  The idea that the Houses can only operate if one single party is in control
• What must a party control in the House of Commons?

  Its majority (at least 325+1)
• Which principles are dependent upon a party government?

  • Collective responsibility
  • Mandate and Manifesto 
  • Government and Opposition 
  • Patronage