The Law of the Constitution PDF

🍒 The Law of the Constitution Public Law The law of the constitution Most important legislation within a state which sets out the form and functions of state institutions. It is usually a written document an...

🍒 The Law of the Constitution Public Law The law of the constitution Most important legislation within a state which sets out the form and functions of state institutions. It is usually a written document and defines the relationship between the state and the individual. Characteristics of the British constitution Unwritten (usually it is written) Monarchical Flexible Unitary (as opposed to federal or devolved) What comprises the state? Monarch Government (executive) Parliament (legislative) The Law of the Constitution 1  Courts (judiciary) Citizens The monarch Formal head of state Head of devolved governments Head of armed forces Head of the Church of England Immune from prosecution Democratic accountability The government Prime Minister Cabinet Government departments Lord chancellor (holds cabinet post) Civil servants (politically impartial) Their functions is to formulate policy (manifesto), initiate policy and introduce legislation to parliament. Parliament Consists of: The crown House of commons House of lords Main functions: Make legislation Debate Check on government The Law of the Constitution 2  House of Commons Main functions: Scrutinise government actions Hold the government accountable Holds individual minsters accountable Legislating MP’s to represent their constituents House of Lords Main functions: Debate legislation proposed by the HoC Check on government Judiciary Consists of: The courts Lord chief justice (head) Lord chancellor Attorney general Functions: Apply legislation made by parliament Interpret legislation Make law Check and balance both parliament and executive Citizens Civic/constitutional duties Civic/ constitutional rights Enjoyment of fundamental rights and freedoms The Law of the Constitution 3  The rule of law It’s a key source of our constitution Three main features: Absolute supremacy of regular law and not arbitrary power Equality before the law Constitutional law is based on natural law They’re a set of unwritten constitutional doctrines, non-legally binding principles, not enforceable in the courts but widely used by courts, represents basic values governing state actions. The Law of the Constitution 4