1. Constitution Flashcards
What is a constitution?
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
What is a codified constitution?
A codified constitution is a document which has all the rules and principles written down and contained in one document
Examples of a codified constitution
USA
Advantages of a codified constitution
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
Disadvantages of a codified constitution
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Possibly outdated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
What is an uncodified constitution?
Constitution made up of rules that are found in a variety of different sources in the absence of a single legal document
Examples of an uncodified constitution
UK
Uncodified constitution in action
1996 Dunblane School Shooting
1997 Firearms Act Passed to ban all guns except for one for hunting
Define unitary
Sovereign power is concentrated in a single body of national government
Describe the nature of the UK constitution
Unitary
Unentrenched
Not authoritative
Not judicable
Advantages of uncodified constitutions
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
Disadvantages of uncodified constitution
Believed to lead to an ‘elective dictatorship’
Creates uncertainty around certain actions as there is no specific rules
Possible judicial interpretation
Magna Carta
1215
Principle that no one should be deprived of liberty or property without due process of law
Bill of Rights
1689
Provisions for regular parliament, free elections and freedom of speech
Parliaments Act
1911-1949
Lords could not delay money bills. Power of veto was 2 year delaying power
Reduced period to 1 year
What are the twin pillars of the constitution
Parliamentary Sovereignty
Rule of Law
A.V Dicey created these
What is parliamentary sovereignty?
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
What is the Rule of Law?
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
What are the five sources of the UK Constitution?
Statute Law Common Law Conventions Authoritative Works Treaties
Why was constitutional reform brought about?
Need for modernisation
Stronger protection of rights
Decentralisation
Enhancing democracy
House of Lords Reform
1999
Reduced hereditary peers down to 92 and increased life peers
November 2000 - 572 life peers
Electoral Reform
Proportional Representation introduced to devolved areas
Devolution
1997 Devolution to Scotland and Wales
1998 Good Friday Agreement with Northern Ireland
Human Rights Act
1998
Incorporated European Convention on Human Rights into UK statute law
2005 Constitutional Reform Act
Established a Supreme Court in 2009
Reformed role of Lord Chancellor
Independent Judicial Appointments Commission
2011 Electoral Reform
May 2011
AV Referendum
Defeated by 78%
Extension of Devolution
2012 Scotland Act and consequent Wales Act
Fixed Term Parliaments Act
2011
General elections fixed to every 5 years unless a vote of no confidence is held or 2/3s of Parliament agree to it
Recall of MP Act
2015
Constituencies can recall an MP who has been involved in misbehaviour
10% support in the by-election
