AK- Constitution

Question 1

what is a Constitution

Answer 1

sset of principles that establishes the distribution of power within a political system, thus limiting gov jurisdiction and the rights of citizens

Question 2

enlightenment impact on political thinking

Answer 2

relationship between the state and individual should be identified eg contract

Question 3

codified constitution

Answer 3

-rules that govern a country are set out in a single document
-often formed after a particular point in a countries history EG SA apartheid

Question 4

advantages of codified constitution

Answer 4

-entrenched (clarity)
-easily accessible to the general public
-

Question 5

disadvantages of codified constitution

Answer 5

-difficult to amend it
-hard to adapt laws to fit modern society

Question 6

uncodifided constitution

Answer 6

-rules that govern a state are not gathered in a single document
-no rules of entrenchment so easy to change or amend

Question 7

advantages of uncodified constitution

Answer 7

-Flexibility: The unwritten nature of the UK constitution allows it to adapt over time as society’s attitudes change
-respond quickly in times of crisis
-easy to amend
-updated to keep in modern times

Question 8

disadvantages of uncodified constitution

Answer 8

• People don’t know their rights
  -hard to find
  -can lead to uncertainty with regards to whether something is or is not constitutional within the legal system.
  -not entrenched (rights aren’t protected)

Question 9

significance of Magna Carta

Answer 9

-1215
-signed by king, is a statement of rights of the individual which defines for the first time limitations to the kings power and basic rules or a justice system

Question 10

Bill of rights act

Answer 10

-1689
-established principle of frequent and free elections
-free speech

Question 11

functions of a constitution P1

Answer 11

• how political power should be shared within a country EG US federal vs state gov
  -establishes the political processes including relationships between institutions EG Supreme Court
  -states what limits can be placed on governments power and what rights citizens have EG human rights act 1998

Question 12

functions of constitition P2

Answer 12

-to show how a constitution can be amended

Question 13

separation of powers

Answer 13

doctrine that all political institutions in a state should be seperate from each other

Question 14

constitutional monarchy

Answer 14

political system where a constitution limits the power of the monarchy

Question 14

Cabinet Manual

Answer 14

-a gov document in the uk which sets out the main laws and conventions affecting the operation of the gov
- initiated by Gordon brown as part of his broader plan to establish a codified constitution

Question 15

SOURCES OF THE CONSTITUTION:1)statute law
2)EU law

Answer 15

1)-law that is made which then goes into the statute book (act of parliament)
1)-EG Human right act 1998
2)-EU law overrides UK law EG shipping laws

Question 16

SOURCES OF THE CONSTITUTION:1) common law
2)authoritative works

Answer 16

1)- judge made law tested in court EG freedom of expression
2)- texts that have been written 150 years ago which lays out our constitution EG Avey Dicey - Rule of law

Question 17

PRINCIPLES OF THE CONSTITUTION:1)parliamentary sovereignty
2)Rule of law

Answer 17

1)parliament is the supreme law making body
-parliament can legislate on any subject
-legislation cannot be overturned
2) defines the relationship between the state and citizens
-ensures state action is limited and responsible
-no one can be punished without trial, no one is above the law EG human rights act 1998

Question 18

PRINCIPLES OF THE CONSTITUTION:1)unitary state

Answer 18

1) a governing system in which a single central government has total power over all of its other political subdivisions
-uk is a unitary constitution although highly centralised
-local gov has little power

Question 19

why did constitutional reform take so long to happen

Answer 19

constitutional reform as not on the agenda pre-1997 due to dominance of Conservative Party in 20th century

Question 20

why was constitutional reform probable from 1997

Answer 20

-labour party was pro reform but rarely had enough political control in parliament
- Tony Blair had 180 seat majority

Question 21

key reform principles of Blairs 1997 gov

Answer 21

-modernisation:parliament had become outdated
-democratisation: labour wanted to change unelected house of lords
-decentralisation
-resoration of human rights

Question 22

fixed term parliament act

Answer 22

-2011
-set 5 year fixed term parliament
-repealed by bj gov to call an election

Question 23

constitutional reform act

Answer 23

-2005
-A duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions through any special access to judges.
-ended the law lords presence in the House of Lords by establishing a supreme court

Question 24

war powers act

Answer 24

-to codify in statute the convention that the government should first seek authorisation from parliament before ordering military action overseas
-EG T May ordered airstrikes in syria due to speculation of chemical weapons
- Uk follows US and Tony Blair takes into war 2001 9/11

Question 25

freedom of information act

Answer 25

-2000
-gives a general right to access to recorded information held by more than 100,000 public bodies in ENG WAL N.IRE

Question 26

statue law

Answer 26

-law that is made which then goes into a statute book (acts of parliament)
-EG human rights act 1998

Question 27

conventions

Answer 27

-unwritten or written understanding of something EG FPTP

Question 28

royal prerogative

Answer 28

• set of legal powers and privileges that are part of British monarchs authority
  -gradually swapped from monarchs to PM ( dissolving parliament)
  -coalition gov between cons and libdem 2010-15 lindems introduced fix term parliament act removing some pregroative power from the PM so that elections are every 5 years meaning pm can’t hold elections when they are high in polls

Question 29

rule of law

Answer 29

-ensures state action is responsible and limited
-no one can be punished without trial
-no one is above the law, everyone subject to the same justice

Question 30

parliamentary sovereignty

Answer 30

-parliament is the supreme law making body
-parliament can legislate on any subject of choosing

Question 31

unitary state (whether they concentrate political power at the centre or divide it between central and regional tiers of gov)

Answer 31

-uk is a highly centralised state in which legal sovereigngty is retained by parliament

Question 32

collective and individual rights

Answer 32

-collective= right to join a trade union
-individual= freedom of expression + privacy
-human rights act 1998 (incorporates ECHR into uk law eg eight to life)
freedom of information act 2000 (focuses on promoting transparency and accountability in public authorities

Question 33

amendment process of uk constituion

Answer 33

• 1st reading (bill is proposed and read to the common)
  -2nd reading ( when commons has first debate on bill)
  -committee stage (one of the committee in parliament can decide what amendments are needed or not)
  -report stage
  -3rd debate
  -and then goes to lords x2

Question 34

parliament acts 1911+49

Answer 34

• the House of Lords couldn’t block bills presented in the commons anymore
  -removed veto power

Question 35

salisbury convention

Answer 35

-agreement between commons and lords that lords cannot block bills that were stated in governments manifesto