What is a constitutional statute?
A law with fundamental impact on the constitutional framework, e.g. HRA 1998.
Define common law.
Unwritten law developed by judges through decisions in court cases.
What is precedent in the legal system?
A previous legal decision that serves as a rule for future cases.
Define convention in constitutional law.
A non-legal rule followed by political actors due to long-standing practice.
What does Royal Prerogative mean?
Historic executive powers of the monarch, now largely exercised by ministers.
What is judicial review?
The power of courts to review decisions of public authorities or government action.
Define supremacy of EU law.
The principle that EU law overrides national law in areas of EU competence.
What is a legal commentary?
A scholarly analysis or explanation of legal principles or statutes.
What is the GCHQ case?
The 1985 case where the court ruled that Royal Prerogative is subject to judicial review.
Define legal source.
A recognized origin from which legal rules derive, such as statutes or case law.
Define Parliamentary Sovereignty.
The principle that Parliament is the supreme legal authority in the UK.
What is Rule of Law?
The idea that all individuals and the government are subject to and accountable under the law.
Define Separation of Powers.
The division of governmental powers among legislative, executive, and judicial branches.
What does devolution mean in UK constitutional law?
The granting of powers from central to regional governments through statute.
What are reserved matters?
Policy areas that remain under the control of the UK Parliament despite devolution.
Define asymmetrical devolution.
A form of devolution where different regions receive different levels or types of power.
What is the Sewel Convention?
A constitutional convention regulating when the UK Parliament can legislate on devolved matters.
What is a referendum?
A vote by the electorate on a specific political question, often involving constitutional change.
Define constitutional reform.
A change or series of changes that alter the constitutional structure or principles.
What is EU law supremacy?
The principle that EU law overrides conflicting national law within its areas of competence.
Define the European Communities Act 1972.
A statute that made EU law applicable in the UK and gave it direct effect.
What is retained EU law?
EU law that continued to apply in the UK after Brexit, unless amended or repealed.
Define Article 50 TEU.
The treaty provision allowing EU member states to withdraw voluntarily from the Union.
What is the European Convention on Human Rights (ECHR)?
A treaty to protect human rights, established by the Council of Europe in 1950.
What is the Human Rights Act 1998?
UK legislation that made the rights in the ECHR enforceable in domestic courts.
What does declaration of incompatibility mean?
A court statement that a UK statute cannot be reconciled with the HRA.
What is direct effect of EU law?
The ability of individuals to rely on EU law provisions before national courts.
Define Council of Europe.
An international organization separate from the EU, responsible for the ECHR.
What is a fundamental right?
A basic right protected by law, often enshrined in constitutional or human rights documents.
Define judicial independence.
The concept that judges must be free to decide cases without external interference.
What is security of tenure?
A guarantee that judges cannot be dismissed arbitrarily and hold office until retirement age.
What is the Constitutional Reform Act 2005?
Legislation that enhanced judicial independence by creating the UK Supreme Court and reforming the role of Lord Chancellor.
What is the Supreme Court of the United Kingdom?
The highest appellate court in the UK, established in 2009.
Define public law.
The area of law governing the relationship between individuals and the state, including constitutional and administrative law.
What is a judgment?
The final decision or opinion delivered by a court in a legal dispute.
What is the role of the judiciary in a constitutional democracy?
To uphold the rule of law, interpret legislation, and protect individual rights.
Define executive.
The branch of government responsible for implementing and enforcing laws.
Who is the Prime Minister?
The head of the UK government and leader of the majority party in the Commons.
What is the Cabinet?
Senior ministers who make key decisions and direct government policy.
Define civil service.
Professional public servants who support and implement government decisions.
Define legislature.
The branch of government responsible for making laws — in the UK, Parliament.
What is the House of Commons?
The elected chamber of Parliament; central to legislation and government accountability.
What is the House of Lords?
The unelected revising chamber of Parliament, composed of life peers, bishops, and some hereditary peers.
What is a Select Committee?
A committee in Parliament that scrutinises the work of government departments.
Define scrutiny.
The process of examining government actions and holding them to account.
What is a bill?
A proposal for a new law or a change to existing law presented to Parliament.
Define Government Bill.
A bill introduced by a government minister, reflecting government policy.
Define Private Member’s Bill.
A bill introduced by an MP who is not part of the government.
What is a Reading in legislative process terms?
A formal stage in debating and progressing a bill (e.g., First Reading, Second Reading).
Define legislative process.
The series of steps a bill goes through in Parliament to become law.
Define international legal obligation.
A commitment a state has under international law, often via treaties, affecting domestic policy.
What is Miller I (2017)?
A UK Supreme Court case ruling that Parliament must authorise the triggering of Article 50.
What is Miller II / Cherry (2019)?
A Supreme Court case declaring the prorogation of Parliament unlawful.
Define prorogation.
The formal suspension of Parliament by the Crown on government advice.
What is executive power?
The authority exercised by the government, including decision-making and administration.
Define constitutional principle.
A foundational norm guiding how a constitution operates, e.g. rule of law, separation of powers.
What does legal certainty mean?
A rule of law principle requiring laws to be clear, public, and predictable in application.
Zuletzt geändertvor 4 Tagen