The nature and sources of the British constitution

Cards (23)

  • what does uncodified mean and its significance

    the British constitution is found in a variety of sources.
    Easier to adapt
    can make it harder for British citizens to know their rights and political system.
  • what does unitary mean and its significance

    All power ultimately derives from central government
    any power given to the regions (through devolution) is delegated not transferred permanently
  • what is Rule of law and its significance
    Everyone is equally subject to the laws of the land, even governments and ministers cannot break their own laws.
    ensures the powers of gov are limited, if gov or gov department is found to have broken their own rules they are deemed to have acted Ultra vires
  • what is parliamentary sovereignty and its significance
    Parliament is the supreme authority in the land
    no parliament can bind its successor
  • Define the British constitution
    Uncodified, Unitary, Rule of law, Parliamentary sovereignty
  • what are the sources of the British constitution
    • Statute of Law
    • Common law
    • Royal prerogative
    • Conventions
    • Authoritative works
  • name the historic milestones
    • Magna Carta 1215- everyone subject of the law including king
    • Bill of rights 1689- created the notion of parliamentary sovereignty
    • Parliament Acts (1911 and 1949)- removed power to veto legislation to 2 years later to 1
  • what have been the developments of the British constitution since 1997
    • reform of the House of lords 1999, removal of most hereditary peers only 92 in place
    • The human rights act 1998
    • creation and expansion of powers in the devolved assemblies/parliament. Scotland act 2016
    • The European Union withdrawal 2018 ( Brexit)
    • laws enhancing individual rights - data protection act 1998
  • Name some legislation (statute) that helped to protect citizens rights
    • Data protection 2018
    • Equality act 2010
    • Human rights act 1998
    • Freedom of information act
  • what is the freedom of information act 2000
    Requires public bodies such as gov department or local authorities, nhs , to publish and make public certain info about their activities. Allow members of the public to request info.
  • what is fixed term parliaments Act 2011
    Weakened the power of the Pm to call an early election. Now needs to vote by a two thirds majority to call an early election. Was repealed in 2021 by Conservative party.
  • what does entrenched mean
    Describes something that cannot be taken away.
  • what are individual rights
    rights that apply to individual citizens, such as the right to free expression.
  • what are collective rights
    rights that project a whole group of individuals; disabled people, religious groups.
  • what is a hung parliament
    when no one party gains (326) seats in the election so no party has a majority.
  • what is a coalition
    when 2 political parties enter a formal agreement to create a majority in parliament following a 'hung parliament' election result.
  • what is statute of law
    Acts of parliament that affect and alter the British constitution. can cover laws about who can vote such as the great reform act 1832. Remains flexible and adaptable.
  • what is common law
    laws passed down over the years by legal judgements in the courts. represents judicial precedence. the right to free expression.+
    magna carta based on common law.
  • Name some modern changes to the uk constitution
    1. 1972 European communities Act
    2. 1998 Devolution to Scotland, Wales and Northern Ireland
    3. 1998 Human rights Act
    4. 2011 Fixed term parliament Act
    5. Brexit Referendum
  • What are Authoritative works
    the writings and books of constitutional experts that clarify and explain the inner workings of the constitution. Example AV Dicey‘s introduction to the study of the law of the constitution. Cabinet Manual 2010 Guss O’Donnell G.O.D
  • What are the principles of the Uk constitution
    1. Parliamentary sovereignty
    2. Rule of law
    3. constitutional monarchy
    4. unitary state
  • 2019 Boris Johnson used Royal prerogative power to suspend parliament. This was done to prevent Mp’s voting/debating in the Brexit withdrawal agreement. Supreme Court rules this as unconstitutional
  • Constitutional changes
    1. Modernisation
    2. Democratisation
    3. Devolution
    4. individual rights