The constitution
- Created by: hellishseren
- Created on: 19-05-22 15:05
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- The Constitution
- what is it?
- The framework for rules that constrain and sometimes say about the government and the order of it
- the UK is:written but not codified, unitary or quasi-federal and flexible
- the sources of the constitution
- statue law which is made by parliament.
- Magna Carta 1215, the distinguish of monarch and parliament and habeas corpus
- common law which is done by judicial rulings over time
- R v R, which made law that forced sexual activity in a marriage is now illegal and that consent is needed throughout marriage.
- conventions are the traditions that have happened throughout history, like royal assent
- royal prerogative
- works of constitutional authority are books by authors who know well about the constitutional system
- Erskine May's parliament
- statue law which is made by parliament.
- principles of the constitution
- parliamentary sovereignty which is the total and legal sovereignty parliament has in comparison to other departments
- constitutional monarchy which means the monarch has the right to be informed, warned, encouraged or be consulted about politics e.g royal assent
- the rule of law which means the leading government of the time needs to be checked, disciplined etc
- parliamentary government basically what happens in elections of a group of MPS forming a cabinet after party win
- is the UK constitution fit for its purpose?
- YES
- it has the ability to change; flexibility and stays up to date through this.
- it shows the strong democratic rule, that how HOL through laws doesnt have as much power
- has not remained old fashioned
- it has effective gov as laws made by them cant be stricken down
- laws can be enacted fast
- NO
- the constitution may be written but it is not codified, can be tricky to tell apart
- leaves uncertainty from not being in a singular document
- the checks for making government accountable arent as effective since 1997 constitutional reforms they dont hold the strength of accountability anymore
- weak protection of rights and respect for other humans
- can cause an elective dictatorship
- gov can do whatever they want
- YES
- The reforms of the constitution
- Blair and Brown
- devolution Act
- Electoral Reform
- Referendums
- Human Rights Act 1998
- freedom of info act
- HOL reform
- Constitutional Reform Act 2005
- judicial reform
- Coalition 2010-15
- fixed terms
- HOC reform
- further welsh and Scottish devolution
- police act
- MP recall's for accountability
- conservative 2015-17
- English votes for English laws
- metro mayors.
- conservative 2019+
- Brexit
- Blair and Brown
- Should the UK become codified?
- yes
- clear and concise rulings.
- cut the government down and make it limited.
- upheld as it is neutral connotation
- protects individuals
- strengthen citizenship values.
- no
- rigid and inflexibility
- unnecessary as their are other ways to make gov less powerful
- judicial tyranny due to interpretation
- only done at one point in time e.g bill of US has discriminated against black people within it
- enforce one set of rules above others, politically biased.
- yes
- what is it?
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