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How does the sovereignty of Parliament interact with the other principles of UK constitutional law?
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Sovereignty often trumps other principles, but debate exists whether the constitution is more than just legislative parts, impacting rule of law and separation of powers.
What constitutional ground does the Human Rights Act reflect in the UK?
The Human Rights Act signifies adaptability in incorporating European human rights standards while challenging traditional domestic sovereignty.
How do concepts of flexibility and durability impact judicial review in the UK?
Flexibility allows broad interpretation and adaptation in judicial review, while durability enforces consistent principles and standards to guide decisions.
What essential expectations should a constitution fulfill?
A constitution should lay down basic ground rules, allocate and limit state power, uphold democratic values, and protect fundamental human rights.
What might 'pragmatic' mean concerning the UK constitution according to Lord Neuberger?
It refers to a practical approach that emphasizes adaptability and non-rigid application of laws, with parliamentary powers adapting over specific directives.
In what ways might the UK Constitution be seen as more durable than flexible?
While it is traditionally flexible due to easy changeability, durability comes from preserved constitutional principles and slowly changing substantial content.
What role do constitutional statutes play in the context of a hierarchical constitution?
Constitutional statutes hold precedence over ordinary statutes, guiding the structure and significant principles of governance even during legal conflicts.
What is the nature of 'innate content' in the UK constitution as discussed in class?
Innate content refers to unchangeable fundamental principles such as democracy and human rights that underpin British constitutional identity and resist arbitrary change.
What are the external and internal drivers of constitutional change in the UK?
External drivers include legislation, while internal drivers involve constitutional limits and principles guiding changes.
How does the UK's approach to constitutional change reflect its flexibility?
The UK's constitution is often altered through reactionary changes lacking strategic direction, as seen in developments like the Human Rights Act and devolution.
What is the difference between a hierarchical and a flat constitution?
A hierarchical constitution has laws of unequal status, such as constitutional statutes, while a flat constitution treats all laws as equal, with no special constitutional distinctions.
What is Lord Neuberger's perspective on the UK constitution?
Lord Neuberger claims the UK constitution is pragmatic and parliamentary sovereignty is the dominant principle, unlike traditional written constitutions in Europe.
How is the concept of parliamentary sovereignty challenged by the idea of a durable constitution?
The durable viewpoint suggests that sovereignty should be balanced with inherent constitutional principles, like rule of law and democracy, challenging absolute parliamentary power.
What distinguishes a flexible constitution from a durable constitution?
A flexible constitution is easy to change and responsive to political views, while a durable constitution is resistant to change and preserves innate content and principles.
How might future topics, such as EU membership, further explore the UK constitution's nature?
They will assess the balance between flexibility in adopting new frameworks and maintaining durable principles amidst external influences like Brexit.
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