Unit 2 The Constitution

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  • Unit 2         The Constitution
    • TYPES
      • Uncodified
        • Single authoritative document + constitutes higher law
        • Entrenched, therefore difficult to amend/abolish
        • Judiciable
      • Codified
        • Constitutional law have the same status as ordinary law - No form of higher-law
        • Not entrenched - reflected through parliamentary sovereignty
        • Judges can't declare any actions are constitutional or unconstitutional
    • SOURCES
      • Statute Law  - Acts of Parliament which have parliamentary sovereignty
        • HRA Act 1998  HOL Act 1999 CR Act 2000    FOI Act 2000
      • Common Law - based on tradition where judgements in earlier cases are binding
        • Royal Prerogative
      • Conventions - a non-legal rule of conduct and behaviour
        • Collective ministerial responsibility + Appointment of the Prime Minster
      • Works of Authority - help define what is constitutionally correct
        • Walter Bagehot + A.V. Dicey + Erskine May
      • EU Laws and Treaties
        • Treaty of      Rome 1957   Treaty of Lisbon 2009
    • PRINCIPLES
      • Parliamentary Sovereignty - absolute & unlimited power
      • Rule of Law - principle that law should rule and the govt. is subject to checks and balances
      • Parliamentary Government - coalition between executive and parliament, interlocking institutions
      • Constitutional Monarchy
      • EU Membership - EU Law higher than statute law

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