'A matter is constitutional if it conditions the legal relationships between citizen and state in some general overarching manner or enlarges/diminishes scope of fundamental rights.
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Craig - Horizontal, Territorial and Vertical
Horizontally a constitution sets up the main organs of government, Territorially it divides powers geographically, Vertically it governs the relationship between citizen and state
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Hennessy - Conventions
UK constitution is generated by a 'circle of insiders' comprising senior officials, their friends and their academic and professional acolytes. Conventions embody 'the general agreement of public men'
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Paine - No meaningful constitution
British Government = power without right, without a written constitution authorised directly by the people there was no valid constitution.
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Kellner - Unwritten Constitution
The organic, slow and evolutionary development of the 'mess that is Britain's constitution' encourages values such as freedom and democracy to develop and mature with less upheaval and bloodshed that radical reform might entail
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Griffith - Political Constitution
The constitution is the ever changing interaction of the formal rules and the persons who interpret and operate them from time to time, all of whom have their own attitudes and prejudices
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Constitutional Reform Act 2005
Creation of the Supreme Court. The Act replaces Lord Chancellor as head of the judiciary with the Lord Chief Justice and replaces him as Speaker of the House of Lords with the Lord Speaker
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Dicey - Federalism
Strongly opposed, it tends towards conservatism, creates divided loyalties and elevates legalism to a primary value, making the courts pivot on which the constitution turns and perhaps threatening their independence
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Dicey - Public/Private Law
Liberties of the individuals are best secured if the same law, broadly private law, governs officials and individuals alike so that officials have no special power or status
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Other cards in this set
Card 2
Front
Craig - Horizontal, Territorial and Vertical
Back
Horizontally a constitution sets up the main organs of government, Territorially it divides powers geographically, Vertically it governs the relationship between citizen and state
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