This topic covers the nature, sources, and underlying principles of the UK constitution, including the impact of constitutional reforms since 1997.
Topic Synopsis
This topic covers the nature, sources, and underlying principles of the UK constitution, including the impact of constitutional reforms since 1997.
Key Concepts & Core Principles
- Parliamentary sovereignty: The principle that Parliament is the supreme legal authority, able to make or repeal any law, and no body can override its decisions.
- The fusion of powers: The overlap between the executive (government) and legislature (Parliament), particularly through the Prime Minister and Cabinet being members of Parliament.
- Devolution: The transfer of legislative and executive powers from the UK Parliament to national parliaments/assemblies in Scotland, Wales, and Northern Ireland, creating a quasi-federal system.
- The rule of law: The principle that all individuals and institutions, including the government, are subject to and accountable under the law, ensuring fairness and preventing arbitrary power.
- Constitutional conventions: Non-legal but binding rules and practices that regulate the conduct of political actors, such as the convention that the monarch appoints the leader of the largest party as Prime Minister.
Exam Tips & Revision Strategies
- Ensure you can distinguish between codified and uncodified constitutions
- Be prepared to discuss the impact of reforms since 1997
- Understand the difference between parliamentary sovereignty and the rule of law
Examiner Marking Points
- Definition, nature, role, and functions of constitutions
- Sources of the UK constitution: royal prerogatives, conventions, common law, statute law, works of authority, and international organisations
- Characteristics of constitutions: flexible vs rigid, written vs unwritten, codified vs uncodified
- Underlying principles: sovereignty of parliament, rule of law, parliamentary government, and constitutional monarchy
- Major constitutional reforms since 1997