Uk Constitution 

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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
    • 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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