PL

• Separation of Powers


  Power is divided among different branches of government to prevent concentration of power.
• Judicial Review


  The judiciary has the power to declare laws unconstitutional.
• What is a constitution and its aims ?

  1. Establish rules and law
  2. Aims to regulate the relationship between state and its citizens
  3. set of important rules that regulate
• Is the Uk codified or uncodified?

  Uncodified
• What is the difference between a codified and an uncodified document? A codified document is a document that has been written down and is considered to be the law.
• what is the difference between a codified and an uncodified document

  A codified document (written) is a document that has been written down and is considered to be the law. (in one document)

  
  

  An uncodified (unwritten) is a document from different sources
• What is unitary?


  A system of government where power is concentrated in a central authority.

  or

  primary legislative powers lie with the central organs of state
• Thoeburn v Sunderland


  Constitutional statute might be protected from repeal if a later act of parliament conflicts with it
• Parliaments Acts 1911 & 1949

  Restricted the House of Lords powers

  House of Lords can only delay passage of primary legislation

  Length of time is restricted
• The Human Rights Act incorporated ?


  The European convention on Human rights into uk law
• Scotland Act 1998 -

  devolution of powers to Scotland, including the Scottish Parliament, Scottish courts and Scottish government
• Scotland Act 1998 


  Created scottish parliament

  Devolved power away from westminister
• Fixed term parliament Act

  1. Reapled by disolution Act
  2. 5 year waiting period between elections
• What are conventions?

  Rules of behaviour which are not legally enforceable but are morally binding
• Attorney General v Jonathan Cape

  1. Publishment of labour politicians diary
  2. Breached the convention of collective ministeral responsibility
  3. Courts could not enforce it
• What are prerogative powers?

  Residual arbitratry power retained by the monarch
• Examples of prerogative powers?


  Declaration of war

  Royal assent
• Pickin V British Railways Board


  Courts in this country have no power to declare enacted law invalid.
• Jackson v Attorney General (Lord Hale states)

  Constraints upon what parliament can do are political and diplomatic rather than constitutional
• Staagtgewatt

  Institutional authority
• Staavolk

  citizens
• what are the two types of constitutionalism?

  Political and Legal
• Political constitutionalism

  1. Making sure politicians and government follow rues laid out in the constitution
  2. Government/ Judiciary have legitimacy to develop the constitution
  3. Democratic/majoritarianism
• Legal constitutionalism

  1. Determine the scope and meaning of constitutional texts and rules .
  2. Capacity to protect minority constitutional rights in the face of majority wishes
• Griffith

  Parliament will always enjoy democratic legitimacy more than courts
• What is devolution?

  Transfer of powers from a central government to states local government or region
• Local government Act 1992

  1. Addition of single tier unitary authorities
  2. Elected mayors
• What test is used to identify the existence of conventions?

  Jennings test