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(Politics 2) UK Constitution (Key Terms (Constitution - A set of laws and…
(Politics 2) UK Constitution
Key Terms
Constitution - A set of laws and guidelines set out how a political system works, and where the power in that system is located. It defines the powers and functions of the government and the rights of citizens in relations to said government.
Codified Constitution - A constitution that is contained in a single document that was created at a particular time. The term also implies that a codified constitution contains a set of laws that are superior to all other laws and that cannot be amended except by a special procedure that safeguards them.
Constitutional Convention - A convention is an unwritten rule which is considered binding even though it is not a law. Large parts of the UK Constitution are governed by such conventions. They tend to develop gradually over long periods of time.
Entrenchment - A constitutional principle whereby constitutional rules are safeguarded against change by a future government or legislature. It means in practice that constitutional change requires special arrangements which are more difficult to make than the passage of normal laws. The UK Constitution is not entrenched as Parliament can change it by a simple Act. However, most democratic constitutions are entrenched in some way.
Parliamentary sovereignty - This principle, established after 1689, means that the UK Parliament (not the Scottish Parliament) in Westminster is supreme within the political system. Only Parliament can grant power to other bodies and it can legislate on any matter it wishes. Its laws cannot be overridden by any other body, even the government or the monarch. It also means that the current parliament cannot bind any future parliaments. Each newly elected parliament is sovereign and cannot be bound by what has gone before.
Referendum - A vote held among the electorate at national, regional or local level to resolve an important issue. Referendums in the UK are usually held to approve a change in the system of government or to a country's constitutional arrangements.
Federalism - A constitutional principle that divides sovereignty, or ultimate power, between central government and regional governments. Federalism normally occurs when a number of separate states come together to form one single state. A federal arrangement preserves SOME of the original states' autonomy. The USA, Germany and India are good examples.
Hereditary peers - Members of the aristocracy who owe their title to their birth, in other words the inherit their titles from their father. Some titles go back deep into history. Ninety-two such peers have a right to sit in the House of Lords.
Electoral system - An electoral system is the mechanism by which votes at elections are converted into seats awarded to candidates and parties.Many different electoral systems are used in the democratic world.
Freedom of Information
Sources of the UK Constitution
Common Law & Case Law
EU law/Treaties
Authoritative Works
Conventions
Statute Law
What are the twin pillars of the UK Constitution?
Parliamentary sovereignty
The principle that parliament can make, amend, or unmake any law, and it cannot bind its successors or be bound by its predecessors.
A.V.Dicey Principle
A principle of the UK Constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
A legal theory which stipulates that the supreme law-making authority in the UK is the Westminster Parliament. This is evident in three propositions...Parliament can legislate on any subject of its choosing, Legislation cannot be overturned by any higher authority, No parliament can bind its successors.
The rule of law
The key idea of the rule of law is that the law should apply equally to all.
The rule of law is one of the longest established common law fundamental principles of the governance of the UK, dating back to the Magna Carta of 1215, particularly jurisprudence following its late 13th century re-drafting.
Public officials are NOT above the law & they can be held to account by the courts.
The judiciary must be independent of political interference.
All citizens must obey the law & are equal under it.
Everyone's entitled to a fair trial.
No one should be imprisoned without due legal process.
Three main features of the UK Constitution.
It is 'Uncodified'.
It is 'Unentrenched'.
It is 'Unitary'.
Stages in the development of the UK Constitution.
Magna Carta, 1215.
Bill of Rights, 1689.
The Act of Settlement, 1701.
The Acts of Union, 1707.
The Parliament Acts 1911 and 1949.
The European Communities Act, 1972.
Pros & Cons of the UK Constitution
Pros
Provides a coherent system of government.
Evolved over time, reflecting the values of the British People.
Parliamentary sovereignty ensures a clear centre of authority. (established meaning that outside influences don't override UK laws)
The rule of law protects the rights of citizens.(clearly established and the government can re-balance power if need be)
Government is responsible - it is accountable to parliament and the electorate.
Government is effective - it can implement their policy programmes.
The constitution is flexible and easily adapted.(flexibility allows a constitution to be amended to reflect society's changing values)
Cons
Parliamentary sovereignty and a strong executive produces centralised government.
Local and sub-national governments are not constitutionally protected.
The rights of citizens are weak and not safeguarded effectively because the constitution is unentrenched.
Pre-democratic elements survive e.g. the monarchy, House of Lords.
Changes to the constitution do not require special procedures e.g. a referendum is not required.
Reform, 1997 - 2010
Devolution
Human Rights Act
Supreme Court
Electorate Reform
House of Lords