The UK Constitution
- Created by: belle-madeleine
- Created on: 24-08-17 18:51
View mindmap
- The UK Constitution
- Sources of the Constitution
- Statute Law
- Law made by Parliament
- Not all statute laws affect constitution
- Most important source of the constitution
- Trumps all other laws
- Common Law
- Based on tradition, custom and precedent
- Created by courts on a case by case basis
- Conventions
- Non-legal rule that aren't clearly defined
- No legal consequences if ignored
- Make politics work
- Works of Constitutional Authority
- Gaps and confusion in uncodified constitution and uncertainty about how rules should be applied mean constitutional works have to be consulted, as these works interpretate
- EU Laws and Treaties
- The higher status of European law over UK statute law has become recognised
- Statute Law
- Principles of the Constitution
- Constitutional Monarchy
- In 19th century most of the monarchy's powers were transferred to MPs and the prime minster
- Role of the monarchy is to promote popular allegiance
- Rule of Law
- Law applies to all
- The government are subject to legal checks and constraints
- Parliamentary Sovereignty
- The unlimited legal authority of Parliament
- It can make, amend or repeal laws
- No other bodies have law-making powers
- Parliament can't bind its successors
- Parliamentary Government
- Fusion of powers between the executive and Parliament
- Executive can use sovereign power for itself causing elective dictatorship
- EU Membership
- EU law is higher than statute law
- EU bodies can impose their will on member states regardless of their stance
- Constitutional Monarchy
- Strengths of the UK Constitution
- Flexibility
- Flexible and easy to change as it's not entrenched
- Constitution remains relevant and up-to-date
- It can adapt and respond to changing political and social circumstances
- Democratic Rule
- Long period of democratic rule shows strength
- Changes to constitution occur because of democratic pressure
- Effective Government
- Parliament can't be overturned by the judiciary
- Concentration of power allows allows the government to take strong and decisive action and get their way in Parliament
- History and Tradition
- Based on tradition it links generations and has changed and grown over time
- Flexibility
- Criticisms of the UK Constitution
- Uncertainty
- It's difficult to know what the constitution says which causes confusion on how to deal with certain situations
- Elective Dictatorship
- UK governments can act as they please
- Government control Parliament
- Concentration allows the government to shape the constitution
- Centralization
- Government has weak and ineffective checks and balances
- The prime minster tends to dominate the cabinet
- The executive controls Parliament
- Central government controls local government
- Weak Protection of Rights
- UK constitution provides weak protection for individual rights and civil liberties
- Nothing forces the government to respect individual freedom and basic rights
- Elections empower majorities and leave minorities under represented
- Uncertainty
- Sources of the Constitution
Comments
No comments have yet been made