Sources of UK Constitution and Monarchy

Flashcards summarizing key concepts from the lecture on the sources of the UK constitution and the role of the monarchy.

What defines a constitution?

A document or series of documents that sets out the fundamental law and describes the institutional framework of a nation.

What is the significance of the Bill of Rights 1689?

It limited the powers of the monarch, guaranteed freedoms such as parliamentary independence, and established conditions for the Protestant succession.

What does common law provide in a constitutional context?

Common law cases provide authority for constitutional principles such as the rule of law, as seen in cases like Entick v Carrington.

What is the role of the UK Supreme Court?

The Supreme Court interprets the meaning of the constitutional text but is not a constitutional court that can override Parliament.

How did the Glorious Revolution of 1688 impact the UK constitution?

It marked a significant shift in power from the monarchy to Parliament, laying the groundwork for democratic principles.

What are constitutional conventions?

Established practices that determine the conduct of constitutional actors, they are not legally enforceable but are critical to governance.

What is the Sewel Convention?

A constitutional convention that states that devolved legislatures should be consulted before legislation affecting them is enacted.

What is a constitutional statute?

A type of statute that has a special constitutional significance, affecting the foundational laws of the country.

How does the Royal Prerogative function today?

Powers traditionally held by the monarch, now exercised by ministers, including conduct of foreign affairs and granting of pardons.

Why can constitutional conventions not be legally enforced?

Because they are customs and political habits justified by consent and good political reason, not laws.

What is the significance of the Act of Union 1707?

It united the Scottish and English Parliaments, creating Great Britain and setting the stage for devolution.

Why were the Parliament Acts of 1911 and 1949 important?

They restricted the powers of the House of Lords, allowing the House of Commons to have predominance over financial matters.

How did the Human Rights Act 1998 affect UK law?

It incorporated the European Convention on Human Rights into domestic law, functioning as a British Bill of Rights.

What does Dicey say about the rule of law?

He stated that in England, no person can be punished unless their conduct is definitely forbidden by law.

What are some arguments in favor of maintaining the monarchy?

The monarchy provides a historical link, embodies national unity, and performs essential ceremonial duties.

What are some arguments against the monarchy?

Critics point to hereditary privilege, scandals, lack of representation, and the high cost of maintaining the royal family.

What role does the monarch play in the appointment of the Prime Minister?

The monarch invites the leader of the majority party in the House of Commons to form a government as Prime Minister.