Constitutional Fundamentals and Sources of the UK Constitution

VOCABULARY flashcards covering the fundamental principles and sources of the UK constitution based on the SQE1 syllabus.

Constitution

The fundamental rules and principles by which an organization or state is governed, establishing its legal order and framework of government.

Written (Codified) Constitution

A constitution set out in a single document containing fundamental laws and defining the powers of different branches of state.

Unwritten (Uncodified) Constitution

A constitution made up of multiple sources, such as statute and case law, rather than a single authoritative document.

Unitary Constitution

A system where power is concentrated at the center with a single sovereign legislative body, such as the Westminster Parliament.

Flexible Constitution

A constitution that is comparatively easy to change because no special procedures are necessary for amendment.

Rule of Law

A core principle stating that there should be no arbitrary exercise of power, all government actions must be permitted by law, and all citizens are equal before the law.

Separation of Powers

The division of government into three branches: the legislature (makes law), the executive (implements law), and the judiciary (resolves disputes).

Parliamentary Sovereignty

A common law doctrine under which the courts acknowledge that legislation enacted by Parliament takes precedence over the common law.

Magna Carta ($1215$)

A document establishing the principle that no one is above the law and government must be conducted with the consent of the governed.

Bill of Rights ($1689$)

An Act that imposed limitations on the powers of the Crown, including removing the Monarch's power to suspend Acts of Parliament or impose taxation without consent.

Parliament Acts ($1911$) and ($1949$)

Acts that ensured the will of the elected House of Commons would prevail over the unelected House of Lords.

Human Rights Act ($1998$)

An Act that incorporates the European Convention on Human Rights (ECHR) into domestic UK law.

Constitutional Reform Act ($2005$)

A statute that reformed the office of Lord Chancellor, created the Supreme Court, and established the Judicial Appointments Commission.

European Union (Withdrawal) Act ($2018$)

The legislation that repealed the European Communities Act ($1972$) and ended the supremacy of EU law in the UK.

Residual Freedom

The common law principle that citizens are free to do or say whatever they wish unless the law clearly states that such action is prohibited.

Entick v Carrington ($1765$)

A significant case establishing that the exercise of power by the state must have clear legal authority.

Royal Prerogative

The residue of discretionary or arbitrary authority legally left in the hands of the Crown, performed without the authority of an Act of Parliament.

Attorney General v De Keyser’s Royal Hotel ($1920$)

A case establishing that if a statute covers the same ground as a prerogative power, the statute rules and the prerogative remains in abeyance.

Constitutional Conventions

Non-legal rules of constitutional behavior that are considered binding by those operating the constitution but are not enforced by the courts.

Individual Ministerial Responsibility

The convention that government ministers are responsible to Parliament for the administration of their departments and their personal conduct.

Collective Cabinet Responsibility

The convention that the cabinet must be united in public support of government policy and must resign if defeated on a vote of confidence in the House of Commons.

Salisbury Convention

A convention stating that the House of Lords will not reject legislation that implements an important manifesto commitment of the elected Government.

Sewel Convention

A convention stating that the UK Parliament will normally only legislate on a matter devolved to the Scottish Parliament if that Parliament has given its consent.

Miller (No 1) [$2017$]

A Supreme Court case interpreting the ECA ($1972$) as preventing the Government from using royal prerogative to notice withdrawal from the EU.