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Uk Politics > 1 - The nature and sources of the british constitution > Flashcards

1 - The nature and sources of the british constitution Flashcards

1
Q

What is the 4 natures of the Uk constitution

A

Uncodified
Unitary
Rule of Law
Parliamentary sovereignty

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2
Q

Significance of the constitution being uncodified with an example

A

Makes it easier to adapt eg simply acts of parliament

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3
Q

significance of a unitary state

A

Any power given to the regions is delegated, not permanent

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4
Q

Significance of the Rule Of Law and an example

A

can lead to government having to reverse an action eg, in 2019 Boris Johnson was found by the courts to of acted illegally by proroguing parliament

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5
Q

Significance of parliamentary sovereignty

A

No parliament can bind their successor, meaning the constitution can change over time

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6
Q

What does “Micro-codified” mean and an example

A

parts of the constitution is written, eg. The equality act 2010 brought together the equal pay act 1970 and the disability discrimination act 1995

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7
Q

What are the 5 sources of the UK’s constitution

A

Statute law
Works of authority
International treaties
Conventions
Common law

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8
Q

Definition of statute law and an example

A

Acts of parliament that affect and alter the british constitution, also sets the rules on human rights. eg, the human rights act 1998

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9
Q

Significance of statute law

A

British constitution remains flexible, with the trend being expanding and protecting democracy and rights

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10
Q

definition of Common law and an example

A

Laws passed down over the years by judges, represents judicial precedence.
Eg Magna carta

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11
Q

Significance of common law

A

Doesn’t have precedence over statute law and can be changed by it

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12
Q

Definition of royal prerogative and an example

A

The powers of the monarch are transferred to the pm, eg, technically the armed forces are ran by the monarch but the orders come from the governemnt

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13
Q

Significance of the royal prerogative and an example

A

can be limited by acts of parliament, eg fixed-term parliament act 2011

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14
Q

definition and example of conventions

A

Unwritten traditions that ensure government run more smoothly, eg , the 1945 Salisbury- Addison convention whereby the lords agreed to not stop policy on a party’s manifesto

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15
Q

Significance of conventions and examples

A

Normally work well, eg allowed David Cameron to form a coalition government.

Conventions aren’t protected by anything eg, the lords rejected the 1909 people’s budget

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16
Q

definition of works of authority and an example

A

the writing and books of constitutional experts that clarify it eg, Walter Bagehot’s the english constitution and recently the cabinet manual (2010)

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17
Q

definition of international treaties and conventions and an example

A

Treaties or agreements the uk has signed up to, eg , the ECHR

18
Q

Significance of international treaties and conventions

A

All laws must comply with them, eg The rwanda deal (2022) was stopped by the ECHR

19
Q

What is the magna carta

A

1215
Agreement that the king was under the law
Right to a fair trial

20
Q

Significance to the magna carta

A

Seen as a landmark document in the development of human rights

21
Q

What is the Bill Of rights

A

1689
Agreement between king and parliament
created Parliamentary privilege
Principle of no tax raises without parliaments agreement
Created parliamentary sovereignty

22
Q

What is parliamentary privilege and an example

A

The right of MP’s for free speech within Westminster, EG, in july 2021 an Colum Eastwood used it to name “Soldier F” a soldier accused of involvement in the bloody sunday shootings in NI

23
Q

What is the act of settlement

A

1701
Only protestants could become the king
Asserted parliaments dominant position
Established the view the monarch existed on parliaments terms

24
Q

Parliament acts

A

1911 - Removed the Lords ability to veto bill to only 2 years
1949 - Reduced the delay to 1 year

25
Q

European communities act

A

1972
Made the uk join the European union

26
Q

How does Brexit show parliamentary sovereignty

A

A government in 2016 can overturn a law what a 1972 parliament made

27
Q

Recent developments since 1997 of the constitution

A

The data prevention act 1998
House of lords act 1999
Fixed-term Parliaments act 2010
Freedom of information act 2000
The european union withdrawal act 2018

28
Q

definition of the freedom of information act 2000

A

Requires public bodies to publish certain information about their activates, and allow members of public to request the information.

28
Q

Significance of the freedom of information act 2000

A

Designed to promote openness and transparency to bodies that get taxpayers money. Was meant to boost public trust in these organisations

28
Q

Strengths of the freedom of information act 2000

A

it allows pressure groups to find examples of waste or inefficiency

Allows public scrutiny of policy and how they work in practice eg, In 2006 there was a highly publicised knife amnesty, an FOI request showed that it had minimal damage on knife crime

An important tool for journalists eg, The act played a role in uncovering mp’s expenses scandal in 2009

28
Q

Weaknesses of the Freedom of information act 2000

A

Public bodies can reject a request for a variety of reasons because of national security, cost or because it was deemed “Vexatious”

In 2020 around 50% of requests were denied

Often the cases were denied because it would release information about an individual, which can lead to a conflict between a right of an individual or the public to gain access to information about public officials

29
Q

Definition of the Fixed-Term parliaments act 2011

A

Passed following the coalition government in 2010
Weakened the power of the PM to call snap elections
Parliaments need a super majority to call an early election
Was due to be repealed in 2021 following the conservatives manifesto

30
Q

Strengths of the Fixed-term Parliaments act

A

Allowed the coalition government to work in a stable and effective manner for 5 years

Is fairer on the junior member of the coalition as they would normally have no say when calling another election

31
Q

Weaknesses of the Fixed-Terms parliament act

A

The act was only passed due to the circumstances, normally this act would of never happened

It failed to protect the Lib Dems who fell from 57 Mp’s to 9 in 2015

Johnson got around the act in 2019 ad called an early election by a voe of 438 to 20 in 2019

32
Q

The british constitution protects citizens rights well

A

Overtime more laws preventing discrimination and more rights have been defended , such as the right to info from public bodies

Codification would not enhance awareness of individual collective rights

Large number of people and pressure groups use the courts to assert their rights and demand info from public bodies

The electorate is unlikely to vote for MP’s that take away their rights

33
Q

The british constitution protects citizens rights poorly

A

Many laws have loopholes and can not work EG, the 2018 furore over unequal pay for female journalists at the bbc

Because of parliamentary sovereignty no rights are entrenched

Parliament could repeal or change laws and citizens couldn’t stop this

With brexit the double lock of the ECHR will be lost

34
Q

Examples of individual rights

A

The right to privacy

The right to free speech and opinions

The right to not be discriminated against

35
Q

When might collective rights clash with the individual right to free speech

A

The collective right of people of a group such as muslims to be subjected to hate speech

36
Q

When might collective rights clash with the individual right to Privacy

A

People having their phone calls monitored in involvements such as terrorism

37
Q

When might collective rights clash with the individual right to be covid vaccinated

A

People who are classed as vulnerable to be protected form Covid-19

Uk Politics (9 decks)

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