AK- Constitution Flashcards
what is a Constitution
sset of principles that establishes the distribution of power within a political system, thus limiting gov jurisdiction and the rights of citizens
enlightenment impact on political thinking
relationship between the state and individual should be identified eg contract
codified constitution
-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
advantages of codified constitution
-entrenched (clarity)
-easily accessible to the general public
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disadvantages of codified constitution
-difficult to amend it
-hard to adapt laws to fit modern society
uncodifided constitution
-rules that govern a state are not gathered in a single document
-no rules of entrenchment so easy to change or amend
advantages of uncodified constitution
-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
disadvantages of uncodified constitution
- 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)
significance of Magna Carta
-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
Bill of rights act
-1689
-established principle of frequent and free elections
-free speech
functions of a constitution P1
- 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
functions of constitition P2
-to show how a constitution can be amended
separation of powers
doctrine that all political institutions in a state should be seperate from each other
constitutional monarchy
political system where a constitution limits the power of the monarchy
Cabinet Manual
-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
SOURCES OF THE CONSTITUTION:1)statute law
2)EU law
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
SOURCES OF THE CONSTITUTION:1) common law
2)authoritative works
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
PRINCIPLES OF THE CONSTITUTION:1)parliamentary sovereignty
2)Rule of law
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
PRINCIPLES OF THE CONSTITUTION:1)unitary state
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
why did constitutional reform take so long to happen
constitutional reform as not on the agenda pre-1997 due to dominance of Conservative Party in 20th century
why was constitutional reform probable from 1997
-labour party was pro reform but rarely had enough political control in parliament
- Tony Blair had 180 seat majority
key reform principles of Blairs 1997 gov
-modernisation:parliament had become outdated
-democratisation: labour wanted to change unelected house of lords
-decentralisation
-resoration of human rights
fixed term parliament act
-2011
-set 5 year fixed term parliament
-repealed by bj gov to call an election
constitutional reform act
-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
war powers act
-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
freedom of information act
-2000
-gives a general right to access to recorded information held by more than 100,000 public bodies in ENG WAL N.IRE
statue law
-law that is made which then goes into a statute book (acts of parliament)
-EG human rights act 1998
conventions
-unwritten or written understanding of something EG FPTP
royal prerogative
- 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
rule of law
-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
parliamentary sovereignty
-parliament is the supreme law making body
-parliament can legislate on any subject of choosing
unitary state (whether they concentrate political power at the centre or divide it between central and regional tiers of gov)
-uk is a highly centralised state in which legal sovereigngty is retained by parliament
collective and individual rights
-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
amendment process of uk constituion
- 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
parliament acts 1911+49
- the House of Lords couldn’t block bills presented in the commons anymore
-removed veto power
salisbury convention
-agreement between commons and lords that lords cannot block bills that were stated in governments manifesto
