1.1 The Nature And Sources Of The Uk Constitution Flashcards

1
Q

Define the term ‘Constitution’

A

Set of rules and principles that explains how a country is governed. (It outlines the powers of the government and the rights of people)

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2
Q

What is the importance of a constitution?

A
  • Solution to the problem of power (we need to be protected)
  • Without a constitution, the goverments could simply do whatever it wants, so it limits government power.
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3
Q

What type of constitution is the UK?

A

Uncodified constitution

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4
Q

What does giving ‘precedence’ mean?

A

giving priority or importance to something before others. For example, if you have two tasks, one with precedence means you do it first because it’s more important.

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5
Q

When was the Magna Carta and explain it briefly.

A

(1215)
Agreement between King John and the barons, to stop the king from having too much power. It made sure the king had to follow the law.

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6
Q

What is the ‘Rule Of Law’ ?

A

No one is above the law.

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7
Q

When was the ‘Bill Of Rights’ and explain it briefly.

A

(1689)
The bill states the principles of frequent parliaments, free election, and freedom of speech within parliament – known today as Parliamentary privilege.
It is a law passed in England that limited the powers of the king and gave more power to Parliament

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8
Q

When was the ‘Act Of Settlement’ and explain it briefly.

A

(1701)
Mainly decided who could be king or queen, but it also protected judges. Before this, the king could remove judges if he didn’t like their decisions, making them afraid to go against him. The Act changed this by saying judges could only be removed if both parts of Parliament agreed. This made judges more independent, so they could make decisions based on the law, not the king’s wishes.

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9
Q

When was the ‘Act Of Union’ and explain it briefly.

A

(1707)
This united England and Scotland into one country, called Great Britain. It created a single Parliament and government for both nations

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10
Q

When was the ‘Parliament Act’ and explain it briefly.

A

The Parliament Acts of 1911 and 1949 are two laws in the UK that reduced the power of the House of Lords and strengthened the role of the House of Commons in passing laws.

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11
Q

When was the ‘European communities Act’ and explain it briefly.

A

(1972)
allowed the UK to join EU. By passing this act, the UK gained access to the single market, meaning easier trade and economic cooperation with other EU countries. It also meant that EU laws would apply in the UK.

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12
Q

When was the ‘Devolution’ and explain it briefly.

A

(1997)
Referendums led to the creation of Scottish Parliament, Welsh Assembly, and a Northern Ireland Assembly. This allowed these regions to have more control over their own affairs, such as education and health, while still being part of the UK.

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13
Q

When was ‘Brexit’ and explain it briefly.

A

(2016)
When the UK voted to leave the EU.

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14
Q

What were the main gains of UK leaving the EU?

A
  • Control over their own laws.
  • Trade decisions - they can make their own policies.
  • The UK could decide who can come and live there, rather than following EU rules on free movement.
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15
Q

Define the term ‘Limited Goverment’

A

Limited government means the government has only the powers that the law gives it. It cannot do whatever it wants and must follow rules and laws to protect people’s rights. This prevents the government from becoming too powerful or abusing its power.

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16
Q

Define the term ‘Parliamentary Sovereignty’.

A

The UK Parliament is the highest legal authority. It can make or change any law, and no other body, including the courts, can override its decisions.

17
Q

What is our civil liberties protected by?

A
  • The rule of law
  • The independence of the judiciary.
18
Q

Define ‘Uncodified’ & ‘Codified’ constitution.

A

Codified: Contains one single document that is entrenched. (Hard to change)

Uncodified: It isnt written down in a single, formal document. Instead it is made up of various sources.

19
Q

Define ‘Entrenched’ & ‘Unentrenched’.

A

Entrenched: Hard to change - requires the agreement of more than just the legislature.

Unentrenched: Easy to change - can be changed by a simple act of parliament.

20
Q

What is VETO power?

A

to reject or block a decision or proposal. For example, a president or other authority can veto a bill, preventing it from becoming law despite approval by other parts of government.

21
Q

Define the terms ‘Unitary’ & ‘Federal’.

A

In a unitary state, power is centralized, and the central government has absolute authority.

In a federal state, power is shared and dispersed.

22
Q

What type of goverment is the UK? (Unitary or federal)

A

Unitary

23
Q

Define the term ‘Devolution’.

A

when the central government gives some of its powers to local governments, like in Scotland, Wales, and Northern Ireland.

24
Q

What is a ‘Statue Law’ ?

A

A parliamentary bill that has been approved by both Houses of Parliament and then given royal consent. In the UK, there is no authority greater than statue law.

25
Q

What is a ‘Common Law’ ?

A

These are laws developed by judges through court decisions, based on past cases (legal precedents). Instead of being written by lawmakers, common law evolves over time as courts make rulings on new cases.

26
Q

(1) Reforming acts of parliament -
The House of Lords Acts
When was it and explain it briefly.

A

(1999)
significantly reduced the number of hereditary peers (people who inherit their seats in the House of Lords). Before the Act, hereditary peers made up a large part of the House of Lords. The Act allowed only 92 hereditary peers to remain

27
Q

(1) Reforming acts of parliament -
The Marriage (same-sex couples) Act
When was it and explain it briefly.

A

(2013)
The law gave same-sex couples the same legal rights to marry as opposite-sex couples, including the ability to have both civil and religious ceremonies

28
Q

(1) Landmark common law cases
Somerset V Stewart
When was it and explain the case briefly.

A

(1772) The court ruled that slavery was not allowed under English common law. James Somerset, an enslaved man, was brought to England by his owner, Charles Stewart. When Somerset tried to escape, Stewart wanted to send him back to the colonies as a slave. The court decided that under English common law, there was no legal basis for slavery, so Somerset had to be freed.

29
Q

(1) Landmark common law cases
R v R
When was it and explain the case briefly.

A

(1991)
Landmark case in the UK where the court ruled that a husband could be charged with raping his wife.
The court in R v R changed this, stating that marriage does not give a husband the right to force his wife into sex without her consent

30
Q

Define the term ‘Conventions’

A

Unwritten rules or practices that are followed by tradition, but not enforced by law.

31
Q

Give me 2 examples of conventions .

A

1) In the UK, it is a convention that the Prime Minister is a member of the House of Commons, even though there is no law that requires it.

2) Tony Blair’s Invasion of Iraq (2003) - although there is no law requiring it, there is a tradition (or convention) that a Prime Minister should consult Parliament before going to war. By presenting his reasons for the Iraq War to Parliament and seeking their approval, Blair was following this established practice.

32
Q

Define the term ‘Authoritative Work’.

A

Texts of such profound and enduring political significance that they contribute to the constituion of the United Kingdom.

33
Q

Give me examples of Authoritative work.

A

The book “Parliamentary Practice,” is considered an authoritative work because it provides detailed and comprehensive guidelines on how the UK Parliament operates.

34
Q

Define the term ‘Treaty’.

A

A treaty is like a formal agreement between countries. It’s when countries make promises to each other, such as agreeing to work together on something or to stop fighting.
Eg. UK joining EU required them to sign a treaty.

35
Q

Define the term ‘Treaty’.

A

A treaty is like a formal agreement between countries. It’s when countries make promises to each other, such as agreeing to work together on something or to stop fighting.
Eg. UK joining EU required them to sign a treaty.