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Politics UK gov & politics > Chapter 3: the constitution > Flashcards

Chapter 3: the constitution Flashcards

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1
Q

What is a constitution?

A

Establishes the structure, procedure, power and duties of a government

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2
Q

What are the rules of a constitution?

A
  1. Establish the duties, power and functions of each branch of government
  2. Regulate relationships between and among institutions
  3. Define the relationship between the state and the individual
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3
Q

What are the sources of the UK constitution?

A
  • Statute Law
  • Common Law
  • Conventions
  • Works of the constitutional authority and constitutional documents
  • EU Laws and Treaties
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4
Q

What is statute law?

A
  • law made by parliament
    + this is the most important course of the UK constitution
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5
Q

Give 3 examples of statute law

A

Parliaments Acts 1911 & 1949 : prevents the HOL for blocking legislation for over 2 years, then reduced to 1 year. Also stops them interfering with money bills
European Communities Acts : entered the UK European Union
Scotland Acts 1998/ Wales Act 1999 : established devolved assemblies

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6
Q

What is common law?

A
  • Body of laws based on tradition, custom and precedent
    + Created and refined by courts which bind the precedent of future cases
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7
Q

Give 3 examples of common law

A
  • Royal Prerogative - formal powers, including the powers of the PM and executive
  • Traditional rights and freedoms - residual rights, everything permitted if not prohibited
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8
Q

What are conventions?

A
  • Key unwritten elements that control conduct and behaviour
    + There are no legal consequences if ignored
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9
Q

Give 3 examples of conventions in the UK constitution

A
  • Royal Assent - it is a convention that the monarch will always pass legislation
  • Appointment of the PM - done by monarch a and is the Largest party in the Commons
  • Exercise of Crown powers - everything done by PM and ministers
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10
Q

How do the works of constitutional authority contribute to the UK constitution?

A
  • It is sometimes necessary to consult works by key authors who are authorities on constitutional issues due to
  • Gaps in the constitution
  • A need to interpret the constitution
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11
Q

Give examples of constitutional works consulted by the gov

A
  • Bagehot’s ‘The English Constitution’ (1867)
  • Erskine May’s ‘Treatises in the Law, Privileges, Proceedings and Usage of Parliament’ (1844)
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12
Q

How does EU law and treaties contribute to the UK constitution until 2019

A

In 1973 the UK jointed the EEC which made the UK subject to EU laws and treaties and it also gained higher status over UK law

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13
Q

Give examples of the most important EU laws and treaties

A
  • 1986 Single European Act : ensure the single market and the free movement of good, services and capital
  • 1993 Maactrictht Treaty : created political and monetary union (but the UK opted out of the the single currency)
  • 2009 Treaty of Lisbon : modified version of proposed constitution
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14
Q

What are the characteristics of the UK constitution?

A
  • Parliamentary Sovereignty
  • Rule of Law
  • Uncodified
  • Unitary
  • Flexible
  • Fusion of powers
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15
Q

What does uncodified mean?

A
  • not made up of one document
    + the UK constitutions is written but can be described as being unwritten (due to being multiple documents
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16
Q

Why is the UK constitution flexible?

A
  • it can be easily amended and altered through the legislative process
17
Q

What does unitary mean?

A

Ultimate power over the state lies with a central, sovereign body

18
Q

Define parliamentary sovereignty

A

parliament possesses supreme power over the people. It is in charge of the country
e.g. 2019 perogation of parliament

19
Q

Define fusion of powers?

A
  • Where the legislative, judiciary and executive branches of government work together
  • In the UK the executive is chosen from and accountable to the legislature
20
Q

What is the rule of law?

A
  • no one is above the law
  • minister and public authorities are subject to the law as well
  • key concepts are equality, accessibility and must be based on common law
21
Q

Give some strengths of the UK constitution

A
  • Easily changed, can keep up with progressing times
  • Fusions of powers allows for government to
    work easily, less stalling
  • Allows for a lot of accountability to the public, the will of the people can be enshrined in law
  • Can allow for protection of minorities more easily if they keep up with hate crime and discrimination
22
Q

Give some of the weaknesses of the UK constitution

A
  • Hard to study/interpret and can contradict itself
  • Lack of checks and balances especially on the executive
  • Can be easily changed/abused to create dictatorship
  • The ability to change easily means that citizens rights are not ensured
  • Being heavily based on convention/common law means that lots of undemocratic elements remain - HOL, monarchy
23
Q

Arguments for a codified constitution in the UK

A
  • It would provide clear rules, with less confusion as to what the constitution means
  • it would formally limit the powers of gov, addressing the problem of elective dictatorship
  • it would strengthen citizenship, giving people a clear idea of not only thier rights but the purpose and workings of the political system
24
Q

Arguments against a codified constitution in the UK

A
  • It would be too difficult to change and may become outdated
  • it would give unelected judges to power to prevent elected government from parrying out its pledges
  • uncodified constitutions are organic and naturally evolving
25
Q

What is authoritive works?

A
  • Written works by educated scholars
    e.g. A.V.Dicey - written constitution
26
Q

Royal perogative?

A
  • Powers that theoretically should be under the control of the monarch but have been passed to PM
  • peroging parliament

Politics UK gov & politics (12 decks)

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