Constitutional Law Key Terms

Private Law

governs relationships between individuals in a legal system, including individuals v government

Public law

governs relationships between private individuals/orgs and public bodies (eg government depts and local authorities).  

Parliament

legislative body for making and amending laws

Government

the executive branch that imposes the laws

House of Lords

revising chamber, reviews and suggests amendments to proposed legislation. 

House of Commons

elected directly by public – proposes and passes legislation.

Lord Chancellor

minister of justice, leading the MoJ and judiciary, regulates legal services through Legal Services Board

Lord Chief Justice

president of the Criminal Division of the Court of Appeal and head of criminal justice

President of the Supreme Court

highest-ranking judge

Written/Codified constitution

codified form in a single document, serving as comprehensive frameworks for governance.  

Unwritten constitution

evolve over time through a combination of historical precedent, legal conventions, and judicial decisions. 

Sovereignty

an authority which is determinate and visible so that it commands all and the people may appeal to it as the final authority

Parliamentary Sovereignty

supreme legal authority in the UK which can create or end any law

England

Country

UK

Political union of England, Scotland, Wales, and Northern Ireland

Great Britain

geographical rather than political term referring to the largest of the British Isles (comprising of England, Wales, and Scotland)

Federal Constitution

power shared between central government and regional governments which have their own constitutions and powers

Unitary Constitution

power in a single institution which holds ultimate authority over the jurisdiction

Constitutional convention

meeting of individuals to create a new constitution or edit current existence

Philadelphia Convention

May till Sept 1787 resulted in the US constitution

Political Constitutionalism

elected political bodies primarily responsible for constitutional principles (UK) 

Legal Constitutionalism

courts have primary responsibility for interpreting and enforcing constitution (US)

European Economic Community/European Community

absorbed by EU in 2009, fostered economic integration  

EU

established in 1993 by Maastricht Treaty, political and economic union of 27 countries

ECJ

court of justice of the European union is the judicial branch of the EU to ensure uniform application of EU law 

ECtHR

European Court of Human Rights is an international court which interprets the European Convention on Human Rights, hearing applications alleging that a state has breached HRs of the convention 

ECHR

adopted by Council of Europe to guard fundamental freedoms and Human rights (1950), all member states of council of Europe including those not in the EU, civil and political 

Charter of Fundamental Rights

reaffirmed EHCR applies to all EU institutions/bodies/member states when implementing EU law, wider array of rights (+ economic and social) 

Human Rights

rights inherent to all human beings to which all are entitled without discrimination. 

Socio-Economic Rights

provide protection for the dignity, freedom and well-being of individuals by guaranteeing state-supported entitlements

Cultural Rights

protect the ability of individuals and communities to participate in, access, and enjoy culture and expression. 

Common Law Rights

individual rights derived from precedent forged by judicial decisions.

Bill of Rights 1689

UK - principles of frequent parliament, free elections, and freedom of speech within parliament (parliamentary privilege); no right of taxation without parliaments agreement, freedom from government interference, right of petition, just treatment of people by courts. 

Bill of Rights 1791

US - ten amendments ratified in the USA defining citizen's rights in relation to the newly established government under the constitution. 

Human Rights Act 1998

incorporates the rights set out in the ECHR (2-12, 14) into domestic British Law 

Judicial Review

power of courts to examine the actions of legislative, executive, and administrative branches of government to determine their constitutionality, courts 

Constitutional Review

evaluation to see if legislation/actions abide by legislative standards – more preventative, specialised courts or whole commissions