Mind map
The Constitution
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The Constitution
Constitutions
- Set of rules that:
- establish the duties, powers and functions of various instutions of gov
- regulate the relationships between and among the institutions
- define the relationship between the state and the individual
- Nature
- Roles and Functions
- Establish distribution of power in a political system
- Estable relationships between institutions + individuals
- Define and Establish the limits of gov power
- Specify the rights of indviual citizens and how they are to be protected
- Establish the territory which comes under the jurisdiction of the gov
- Establish and describe arrangements for amending the constitution
- Set of rules that:
Sources of the constitution
- Statute Law: Written law passed by an Act of Parliament, enforceable in court, anything affecting how it is governed=part of the constitution but anything else is just statute.
- Representation of People Act: 1918 Women of property over 30 get the vote, 1928 Anyone over 21 get the vote, 1969 Everyone over 18 can vote
- EU Law: EU law takes precedent over UK, Important for economic and social legislation,
- Lisbon Treaty 2007 and Maastricht Treaty 1992
- Common Law: Original laws concerning civil rights began this way, Not a product of the legislative process, Basis of precedent set in previous cases, Made by judges
- Freedom of Speech, Judgements made by 1 court of law must be followed by other courts in the future
- Major works of authority: Nearest to written account that we have of the way the constitution operates, Sources of guidance, Widely recognised, Authorative
- A.V. Dicey 1885 Parliament is sovereign, rule of law and conventions of the constitution
- 2010 O'Donnell rules guide how to deal with a hung Parliament
- Royal Perogative: Tradition, authority from crown not Parliament, Right to declare war, make treaties, give orders to the armed forces, dissolve parliament, appoint ministers and dispense honours
- Queens speech sets out legislative agenda
- Membership of interpretational organisations: UK= member of security coucil, United NAtions, NATO, UDHR
- Conventions: Regularly observed practice appropriate for a given set of circumstances, Set of rules established over time by custom and practice, Collective responsibility of cabinet, Not legally binding
- Salisbury Convention: Lords cannot obstruct proposal that was ruling parties last election manifesto
- Statute Law: Written law passed by an Act of Parliament, enforceable in court, anything affecting how it is governed=part of the constitution but anything else is just statute.
Characteristics of constitutions
- Uncodified
- Not in a single document
- Different number of sources
- Not superior to other laws
- Flexible
- unentrenched
- Codified
- Single document
- Single Source
- Constitutional laws are superior to others (dualism)
- Arrangements to establish new constitutional laws, amend existing ones or repeal unwanted constitutional laws
- Codified constitutions normally come into existence at one point in time, often after a national upheaval such as a revolution or the establishment of independence from a colonial master
- Constitutional laws are superior and safegaurded, entrenched, cannot be set aside or changed without special safeguarding arrangements
- Written
- Unwritten
- Flexible
- Rigid
- Uncodified
Underlying Principles of the UK constitution
- Constitutional monarchy: A constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written (i.e., codified), unwritten (i.e., uncodified) or blended constitution.
- Parliamentary Sovereignty: Legal sovereignty lies with Parliament and that Parliament is the ultimate source of political power.
- The rule of law: the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.
- Parliamentary government: government by a body of cabinet ministers who are chosen from and responsible to the legislature and act as advisers to a nominal chief of state.
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- Description
- A-Level Government and Politics (UK Government) Mind Map on The Constitution, created by Sophie Conisbee on 17/11/2017.
- Created by
- Sophie Conisbee
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