Constitution

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  • Created by: Alana2214
  • Created on: 15-11-17 14:39
Statue Law
Written law passed by parliament, hence enforceable in court
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Common/Case Law
Judges make/tweak the law, hence becoming law
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Convention
It has always happened, therefore may seem customary to do so
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Major Works of Authority
Textbooks, source of guidance etc
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EU Laws/ Treaties
These are significant soucres of the British Constitution. EU law takes precedence economically & socially
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Codified/ Written
The main sources of the consititution are in one source (USA)
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Uncodified/ Unwritten
Written down, but not gathered in one place (UK)
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Constitution
Organises, distributes and regulates power; sets out structure of the state; major state institutions and principles governing relations with eachother and citizens
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P U U F F
Parliamentary Sovereignty - Uncodified - Unitary - Fusion of powers - Flexible
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Codified Constitution
Authoritative - Entrenched - Judiciable
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Uncodified Constitution
Not Authoritative - Not Entrenched - Not Judiciable
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Authoritative
Higher Law - Binds all political institutions
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Entrenched
Difficult to ammend or abolish
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Judiciable
Judiciary can declare whether the law/action is consitutional or not
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Not Auhtoritative
Constitutional laws enjoy the same status as ordinary laws
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Not Entrenched
Can be changed through normal processes
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Not Judiciable
Judges dont have a legal stand against which they can decalare things constitutional or not
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Advantages of Codified Constitution
1) Clarifies nature of political system to people 2) Better at protecting citizens rights 3)Allows executive government to be strong and decisive
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Disadvantages of Codified Constitution
1)Entrenched; cant be easily changed 2)Can't make necessary chnages quickly 3) Can't include many conventions as theyre unwritten
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Both Advantage & Disadvantage of Codified Constitution
Can be constraining - Good because sometimes government needs to be constrained Bad because it could become too constrained
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Other cards in this set

Card 2

Front

Judges make/tweak the law, hence becoming law

Back

Common/Case Law

Card 3

Front

It has always happened, therefore may seem customary to do so

Back

Preview of the back of card 3

Card 4

Front

Textbooks, source of guidance etc

Back

Preview of the back of card 4

Card 5

Front

These are significant soucres of the British Constitution. EU law takes precedence economically & socially

Back

Preview of the back of card 5
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