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Paper Two Politics > 1. Constitution > Flashcards

1. Constitution Flashcards

1
Q

What is a constitution?

A

A set of laws and guidelines which set out how a political system works and where the political sovereignty is located in the system.
Defines powers and functions of Government and the rights of citizens in relation to this

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2
Q

What is a codified constitution?

A

A codified constitution is a document which has all the rules and principles written down and contained in one document

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3
Q

Examples of a codified constitution

A

USA

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4
Q

Advantages of a codified constitution

A

Easy to access
Clearly documented
Entrenched which means they are difficult to amend or abolish
Absolute certainty in changing the constitution
Document is authoritative
Judicial
Sets out the role of the executive, legislature and judiciary

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5
Q

Disadvantages of a codified constitution

A

Not always comprised of formal rules as everything cannot be completely defined
Possibly outdated
Ordinary Laws do not carry the same status
Changes to the constitution are slow and complicated
Inflexible
Rigid

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6
Q

What is an uncodified constitution?

A

Constitution made up of rules that are found in a variety of different sources in the absence of a single legal document

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7
Q

Examples of an uncodified constitution

A

UK

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8
Q

Uncodified constitution in action

A

1996 Dunblane School Shooting

1997 Firearms Act Passed to ban all guns except for one for hunting

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9
Q

Define unitary

A

Sovereign power is concentrated in a single body of national government

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10
Q

Describe the nature of the UK constitution

A

Unitary
Unentrenched
Not authoritative
Not judicable

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11
Q

Advantages of uncodified constitutions

A

Flexible and unentrenched so can keep up to date with modern society
Not authoritative and so laws are all of equal status
Single tier legal system
Constitution is evolutionary

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12
Q

Disadvantages of uncodified constitution

A

Believed to lead to an ‘elective dictatorship’
Creates uncertainty around certain actions as there is no specific rules
Possible judicial interpretation

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13
Q

Magna Carta

A

1215

Principle that no one should be deprived of liberty or property without due process of law

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14
Q

Bill of Rights

A

1689

Provisions for regular parliament, free elections and freedom of speech

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15
Q

Parliaments Act

A

1911-1949
Lords could not delay money bills. Power of veto was 2 year delaying power
Reduced period to 1 year

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16
Q

What are the twin pillars of the constitution

A

Parliamentary Sovereignty
Rule of Law
A.V Dicey created these

17
Q

What is parliamentary sovereignty?

A

No Parliament can bind its successor
Law is law and cannot be challenged as there is no higher power
Parliament can make a law on anything

18
Q

What is the Rule of Law?

A

Actions of the state are limited by law.
Acts as a check on parliamentary sovereignty
Everyone is entitled to a fair trial
All citizens are equal under the law and should obey it
Judiciary must be independence of political interference

19
Q

What are the five sources of the UK Constitution?

A 
Statute Law
Common Law 
Conventions 
Authoritative Works
Treaties
20
Q

Why was constitutional reform brought about?

A

Need for modernisation
Stronger protection of rights
Decentralisation
Enhancing democracy

21
Q

House of Lords Reform

A

1999
Reduced hereditary peers down to 92 and increased life peers
November 2000 - 572 life peers

22
Q

Electoral Reform

A

Proportional Representation introduced to devolved areas

23
Q

Devolution

A

1997 Devolution to Scotland and Wales

1998 Good Friday Agreement with Northern Ireland

24
Q

Human Rights Act

A

1998

Incorporated European Convention on Human Rights into UK statute law

25
Q

2005 Constitutional Reform Act

A

Established a Supreme Court in 2009
Reformed role of Lord Chancellor
Independent Judicial Appointments Commission

26
Q

2011 Electoral Reform

A

May 2011
AV Referendum
Defeated by 78%

27
Q

Extension of Devolution

A

2012 Scotland Act and consequent Wales Act

28
Q

Fixed Term Parliaments Act

A

2011

General elections fixed to every 5 years unless a vote of no confidence is held or 2/3s of Parliament agree to it

29
Q

Recall of MP Act

A

2015
Constituencies can recall an MP who has been involved in misbehaviour
10% support in the by-election

Paper Two Politics (5 decks)

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