Uk Constitution
- Created by: florinaveseli
- Created on: 05-04-18 20:47
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- UK Constitution
- Constitutions: set of rules which directly or indirectly affect the distribution and exercise of sovereign state power - Dicey
- Constitution
- legal document setting out tules and structure of state
- values and rights
- is it entrenched or flexible?
- how formal must it be? legal or conventional rules that govern it?
- no written constitution
- seen as a more political constitution than a legal one
- no entrenched law
- parliamentary sovereignty - a key principle, parliament the supreme law making body
- dangers and safeguards?
- how do people understand their rights?
- political culture and history - stability and values of the UK?
- embedded constitutional culture
- Scarman
- called for a n new bill of rights
- 'constitution is hidden and difficult to find, citizens lack understanding of it
- Human Rights Act 1998
- courts have a bigger influence in interpreting rights for the European Convention
- legal sources
- legislation/acts of parliament
- Magna Carta 1215 attempt to regulate absolute monarch power
- Bill of Rights 1689
- Parliament Acts 1911- 1949
- common law
- subordintae to statute
- reactive way to establish constitutional rules
- Entick v Carrington
- legal authority needed for government power
- GCHQ case - prerogative power is subject to judicial review by courts
- Royal prerogative
- recognised as a power by the courts
- left overs of the monarchies personal powers
- Non-Legal sources
- today exercised by the government in the name of the Queen
- legislation/acts of parliament
- Summary of Uk Con
- Uncodified, unentrenched
- largely shaped by conventional rules
- Scarman 'difficultto find'
- but arguably less politicalin nature than before
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