Key concepts pl

Flashcard 1: The Unwritten (Uncodified) Constitution
Front:
What is meant by the UK's "unwritten" (or uncodified) constitution?

Back:
It means that the UK's constitution is not contained in a single written document. Instead, its authority is derived from a mixture of statutory law, common law, constitutional conventions, and influential works. For example, landmark statutes such as the Magna Carta and the Bill of Rights 1689, together with key judicial decisions in case law, form part of this constitutional framework.

Flashcard 2: Parliamentary Sovereignty
Front:
What is Parliamentary Sovereignty, and why is it central to the UK's constitutional framework?

Back:
Parliamentary Sovereignty is the doctrine that Parliament is the supreme legal authority in the UK—it can make or repeal any law. No other body, including the courts, can override its legislation. However, recent developments such as Brexit and devolution have prompted debates about its practical limits and the need for constitutional adjustments.

Flashcard 3: Judicial Review and Administrative Law
Front:
What are the primary grounds for judicial review in administrative law?

Back:
The key grounds include:
• Illegality: When a public authority exceeds its legal powers.
• Irrationality: Often encapsulated by the Wednesbury test, where decisions are so unreasonable that no sensible authority would ever consider them.
• Procedural Impropriety: When fair procedures or due process are not followed.
• Legitimate Expectations: When a public authority's previous actions or promises create a reasonable expectation which is later not met.
Additionally, understand the range of remedial orders (like quashing orders, prohibitions, or declarations) and the controversies raised by ouster clauses that attempt to limit judicial oversight.

Flashcard 4: Constitutional Role of the Courts
Front:
How do the courts contribute to maintaining the UK's constitutional order?

Back:
Courts serve as guardians of the constitution by reviewing administrative and legislative actions to ensure compliance with the law. They enforce the limits on executive power, safeguard rights, and act as a check on both the executive and legislative branches. This includes balancing judicial activism against judicial restraint in order to maintain the rule of law.

Flashcard 5: Devolution and Constitutional Reform
Front:
What is devolution and its significance in the context of constitutional reform?

Back:
Devolution is the process of transferring legislative powers from the UK Parliament to the devolved legislatures of Scotland, Wales, and Northern Ireland. This arrangement has redefined the traditional Westminster model and raised issues regarding the distribution of power, accountability, and the balance between central and regional governance. Understanding the statutory frameworks and constitutional debates around devolution is key.

Flashcard 6: Political Accountability and Ministerial Responsibility
Front:
What do political accountability and ministerial responsibility involve in UK public law?

Back:
Political accountability refers to the requirement that public officials, including ministers, must justify their actions and decisions. Ministerial responsibility is twofold:
• Individual Responsibility: Ministers are directly answerable for their conduct and decisions.
• Collective Responsibility: The entire cabinet is collectively accountable to Parliament.
These principles ensure scrutiny through mechanisms such as parliamentary debates, questions, and public inquiries.

Flashcard 7: The Human Rights Act (HRA)
Front:
What role does the Human Rights Act play in the UK's public law system?

Back:
The HRA incorporates the European Convention on Human Rights into domestic law, enabling individuals to challenge public authority actions that violate their rights. It has a significant impact on judicial review and the balance between individual rights and parliamentary sovereignty, with landmark cases illustrating how courts ensure that government actions comply with human rights standards.

Flashcard 8: Constitutional Conventions and the Rule of Law
Front:
What are constitutional conventions, and how do they relate to the rule of law in the UK?

Back:
Constitutional conventions are unwritten but widely accepted rules that guide political behaviour and institutional practices. Although they are not legally enforceable, they are vital for the smooth functioning of the constitutional system. The rule of law itself is the principle that everyone, including the government, is subject to the law, ensuring fairness and equality. Together, they underpin the legitimacy and proper functioning of the UK's constitutional order.