UK Constitution Unentrenched (flexible & adaptable) , uncodified, Key Dates
unitary – Relevant & up to date
Key Terms 'Twin pillars' of the constitution: Parliamentary Parliament Act 1911 & 1949
sovereignty and the rule of law Lords lost its right of veto
Constitution = Determines where power is located within a Constitutional monarchy Can only delay non money bill for 2 years reduced
nation state and the rules by which it is governed. It also to 1 year
establishes the extent of the government's authority and the 5 Main Sources of the UK Constitution:
rights that its citizens possess. Statute law (Parliament) Salisbury Convention -1945
Common law (judges/judicial rulings)
Uncodified = A constitution that derives from a variety of Conventions (customs & traditions – Royal assent, 1963 - No legal requirement that a member of the House of
different sources rather than being contained in 1 royal prerogative) Lords cannot be prime minister.
document, does not represent a higher law. Authoritative works & Treaties (not legally binding, In 1963, Lord Home resigned peerage to enter the
interpretation) House of Commons as Sir Alec Douglas Home -
Unentrenched = The way in which the state is governed and became PM in 1963
the rights of its citizens can be changed simply by an Act of For Against
Parliament – easier to adapt or change according to Flexible & easy to change, Elective Dictatorship, European Communities Act 1972
circumstances. democratic rule, effective, provides weak protection Membership of EEC
accountable & stronger for individual rights & civil
Statutory Law = Laws that have been decided and approved government, organic liberties, over centralised Factortame case (1991)
by parliament constitution – rules & system of government with The Law Lords declared that EU law took
principles have been tested weak or ineffective checks precedence over domestic law. Put limits on
Parliamentary Sovereignty = Parliament is the supreme by time, history & tradition & balances, uncertainty parliamentary sovereignty this was only in areas
legislative body in the UK and can create, amend any law , adaptable where the UK had pooled sovereignty with the EU.
which cannot be overturned by courts. Cannot bind its
successors or be bound by its predecessors. Human Rights Act - 1998
ECHR
Unitary Constitution = A constitution that concentrates
Sovereign power in a single body. For Against Good Friday Agreement- 1998
Clear Rules, clarity, limited Rigidity (outdated),
Devolution = The decentralisation of governmental power. government, neutral unnecessary, judicial House of Lords Act 1999
Transfer/dispersal of power from central government to interpretation, protecting tyranny , legalistic , All but 92 Heredity Peers removed
lower regional institutions rights, education & political bias, inflexability
citizenship, higher law & Freedom of Information Act 2000
Quasi-federal = A division of powers between central and entrenchment, judicial Established a general right of access to recorded
regional government that has some of the features of interpretation information held by public bodies
federalism without possessing a formal federal structure.
Anti-Terrorism, Crime and Security Act 2001
Flexible constitution = A constitution that may be amended Gave the government the authority to keep foreign
by the ordinary process of legislation and is therefore terrorist suspects in prison indefinitely.
relatively easy to amend. Blair government suspended Article 5, the right to
liberty, so that it could keep foreign terrorist
suspects in custody without charge.