UK Constitution

Cards (22)

  • what type of cases include the use of surnames E. g Bletchy v Thomas 1992?
    civil cases
  • What type of cases Includes R (Rex or Regina meaning king or queen) for DPP (the state) v Thomas 1992? 

    Criminal cases
  • What do we call the party that won the most votes in the general election?
    Government
  • What is parliament?

    Government, the monarch, the House of Commons, and the House of Lords
  • define unwritten constitution
    A selection of rules conventions and laws that are not embodied in a single document
  • which theorist created the rule of law theory?
    A.V. Dicey
  • what evidence support the no sanction without breach aspect of the rule of law theory?
    A & others v UK 2004 ( Belmarsh Prisoners)
  • what are the three aspects of the rule of law theory?
    No sanction without breach
    One law governs all
    individuals rights are protected by judges decisions
  • what 2 pieces of evidence supports the one law should govern all aspect of the rule of law theory?
    Prorogation of Parliament 2019
    Party gate 2021
  • what evidence supports the ‘individuals rights are protected by judges decisions‘ aspect of the rule of law theory?
    The human rights act 1998
  • which theorist created the separation of powers theory?
    Montesquieu
  • what does the separation of powers mean?
    The three functions of the state must be kept separate
  • According to Montesquieu‘s theory, what is the governments role?
    As the executive, they propose laws
  • according to Montesquieu’s, what does parliament do?
    As the legislative, they create laws
  • according to Montesquieu, what is the role of the judges?
    As the judiciary, they enforce laws
  • define fusion
    The overlapping of the functions of the state / the breach of the separation of powers
  • name the three examples of fusion
    Government create laws E.g statutory instrument
    Parliament proposal E.g private members bill - abortion act 1967
    Judges create laws e.g, judicial precedent - Lord Coke’s murder definition
  • which theorist created the parliamentary sovereignty doctrine?
    A.V Dicey
  • what are the three aspects of parliamentary sovereignty?
    Parliament can make or un make any law
    No parliament can bind another
    Act of parliament cannot be challenged by the courts
  • what evidence supports the ‘ Parliament can make or unmake any law’ aspect of Parliamentary sovereignty?
    Coronavirus act of 2020
  • what evidence supports the ‘ no parliament can bind another’ aspect of parliamentary sovereignty?
    European communities act 1972 and the European Union (withdrawal agreement) 2020
  • what evidence supports the ‘ acts of parliament cannot be challenged by the courts’ aspects of Parliamentary sovereignty?
    human rights act 1998 (s4)