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5 Cards in this Set
- Front
- Back
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Features of the UK Constitution |
. It is uncodified - Not written down in a single document . It is unentrenched - Can be altered quite easily as it doesn't require special procedures to amend it . It is unitary - Legal sovereignty is contained in a single place, which is parliament . Parliamentary sovereignty - Parliament can make any law, it is not binding and legislation cannot be struck down by a higher body such as a constitutional court . The rule of law - The law applies to everyone and everyone is subject to it |
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Sources of the UK Constitution 1 |
. Statute law - Laws that are passed by parliament, important as it comes along with parliamentary sovereignty . Common law - Laws made by judges where the law does not cover the issue or is unclear - only important in cases where it is unclear how stature law should be applied |
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Sources of the UK Constitution 2 |
. Treaties - Formal agreements with other countries, usually ratified by parliament - This is useful for when the UK has problems, as they can be helped out by other countries that are part of the same treaty, also reducing the chances of war between countries involved . Conventions - Traditions not contained in law but influential in the operation of a political systems - norms within society . Authoritative works - Political books (parliamentary authority) written by experts describing how a political system is run - Only acts as a guide, E.g Parliamentary Practice by Thomas Erskine May |
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For the UK Constitution to be codified |
. It would become entrenched, reducing the chances of a government pushing through bad changes - E.g The government decided to derogate from Article 5 of the Human Rights Act, which gave individuals the right to liberty and security, in cases of suspected terrorism |
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What should a constitution contain? |
. How political power should be distributed within the state . Establish the political processes that make the system work - Includes the relationship between institutions and the rules that govern how they operate . What limits of governmental power should be - The competence of government . The rights of the citizens against the state . The rules by which nationality is established - Who is entitled to be a citizen and how outsiders may become one . The rules for its own amendment |
