Key Terms (Paper 2)

Constitution

A set of rules determining where sovereignty lies in a political system, and establishing the relationship between the government and governed.

Unentrenched

A constitution with no special procedure for amendment - easily changed through an Act of Parliament which is passed by a majority vote in both houses of Parliament.

Uncodified

A constitution not contained in a single written document.

Unitary

A political system where all legal sovereignty is contained in a single place.

Parliamentary Sovereignty

The principle that Parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors.

The Rule of Law

The principle that all people and bodies, including government, must follow the law and can be held to account if they do not (equality under the law).

Statute Law

Laws passed by Parliament, e.g. Human Rights Act 1998

Common Law

Laws made by judges where the law does not cover the issue or is unclear, e.g. offence of murder.

Conventions

Traditions not contained in law but influential in the operation of a political system, e.g. Royal Assent, Salisbury Convention, etc.

Authoritative Works

Works written by experts describing how a political system is run; they are not legally binding but are taken as significant guides, e.g. A.V. Dicey’s ‘The Law of the Constitution’.

Treaties

Formal agreements with other countries, usually ratified by Parliament, e.g. Treaty of Rome (1957), Maastricht Treaty (1992).

Devolution

The dispersal of power, but not sovereignty, within a political system.

Parliament

The British highest legislature made up of the HoC, HoL and the monarch.

House of Commons

The primary chamber of the UK legislature, directly elected by voters.

House of Lords

The second chamber of the UK legislature, not directly elected by voters.

Confidence and supply

The rights to remove the government and to grant or withhold funding. Also used to describe a type of informal coalition agreement where the minority partner agrees to provide these things in exchange for policy concessions. Normally required in order for a minority government to be able to govern.

Where one party agrees to support a gov. by voting with it in a vote of no confidence and supporting the budget - a way for a party to govern as a minority, but without having to form a formal coalition (e.g. Theresa May with the DUP)

Salisbury Convention

The convention whereby the House of Lords does not delay or block legislation that was included in a government’s manifesto.

Parliamentary Privilege

The right of MPs or Lords to make certain statements within Parliament without being subject to outside influence, including law.

Legislative Bills

Proposed laws passing through Parliament.

Public Bill Committees

Committees responsible for looking at bills in detail.

Backbenchers

MPs or Lords who do not hold any government office.

Select Committees

Committees responsible for scrutinising the work of government, particularly of individual government departments.

Opposition

The MPs and Lords who are not members of the governing party or parties.

Executive

The collective group of PM, Cabinet and junior ministers, sometimes known as ‘The Government’.

Cabinet

The PM and senior ministers, most of whom lead a particular government department.

Minister

An MP or HoL member appointed to a position in the government, usually exercising specific responsibilities in a department.

Government Department

A part of the executive, usually with specific responsibility over an area such as education, health or defence.

Royal Prerogative

A set of powers and privileges belonging to the monarch but normally exercised by the PM or Cabinet, such as granting of honours or of legal pardons.

Secondary Legislation

Powers given to the Executive by Parliament to make changes to the law within certain specific rules.

Individual Ministerial Responsibility

The principle by which ministers are responsible for their personal conduct and for their departments.

Collective Ministerial Responsibility

Principle by which ministers must support Cabinet decisions or leave the Executive.

Presidential Government

An executive dominated by one individual, this may be a President but is also used to describe a strong, dominant PM (over the executive).

Supreme Court

The highest court in the UK political system.

Judicial Neutrality

The principle that judges should not be influenced by their personal political opinions and should remain outside of party politics.

Judicial Independence

The principle that judges should not be influenced by other branches of government, particularly the Executive.

Judicial Review

The power of the judiciary to review, and sometimes reverse, actions by other branches of government that breach the law or that are incompatible with the HRA.

Elective Dictatorship

A government that dominates Parliament, usually due to a large majority, and therefore has few limits on power.

European Union (EU)

A political and economic union of a group of European countries.

Four Freedoms (EU)

The principle of free movement of goods, services, capital and people within the EU’s single market.

Legal Sovereignty

The legal right to exercise sovereignty - i.e. sovereignty in theory.

Political Sovereignty

The political ability to exercise sovereignty - i.e sovereignty in practice.

Ultra Vires

Literally ‘beyond the powers’. An action that is taken without legal authority when it requires it.