Comp2-T5 / 1 - Constitution Flashcards
What is a convention?
an unwritten rule which is considered binding even though it is not a law
What 3 features make a constitution codified?
Contained in a single document.
It has a single source (created at one moment in history, even if it has since been amended.)
The constitutional laws contained in it must be clearly distinguished from other, non-constitutional laws
What is entrenchment?
Protects a constitution from short-term amendments.
Important because constitutional change makes a fundamental and important difference to the political system of a country.
The constitution is too important to be placed in the hands of a temporary government.
What 2 tests have to be met in order to make a constitutional change?
That there is widespread popular support
That it is in the long-term interests of the country
Why can’t the UK be entrenched?
UK Parliament is sovereign.
Every new Parliament is able to amend the constitution as it wishes.
All parliament has to do is pass a new parliamentary statute (law)
What is Parliamentary Soverginty?
The UK Parliament in Westminster is supreme within the UK political system. Its laws cannot be overridden by any other body, even the government or the monarch, each newly elected Parliament can change the constitution.
When have constitutions been made?
Underwent a change in power/system which caused the event of the writing of the constitution to take place.
What is a unitary constitution?
The constitution lies in one single place, the sovereign body in such a constitution is the ultimate source of all political power
E.g. UK, France, Spain, Italy, China
What is a federal constitution?
Divides sovereignty between a central body and regional, sub-central bodies. The only way to change the distribution of ultimate power in an entrenched, codified federal constitution is by amending it.
E.g. USA, Germany, Russia, Australia, Canada
What are Parliamentary Statutes?
A constitutional statue looks no different from any other statue.
Parliament is sovereign and can amend or repeal any statute, all statutes look alike and have the same status
When a government has a massive majority (Labour 1997) government rather than parliament can dictate the constitution.
What are Constitutional Conventions?
An unwritten rule that is considered binding on all members of the political community. Conventions could be challenged in law, but have so much moral force that they rarely, if ever, are disputed. Many of the Prime Minister’s powers are governed by such conventions.
What are historical principles and authoritative writings?
The principles have become effectively binding because they have been established over a long period of time
What are Customs and traditions?
Constitutional customs and traditions govern many of the rituals of parliamentary government.
The procedures of both houses of Parliament are traditional in nature, as are some of their rituals
In 1997 how was the UK going to be reformed?
Democratisation-The British system was seen as undemocratic
Decentralisation-Disperse power away from central government
Stronger protection of rights-Wished to bring the UK more into line with the European practice in constitutional matters
Modernisation-Bring the British Constitution into line with other modern arrangements which exist in Western democracies
Why were so many reforms planned when Labour won the 1997 election?
It has plans to complete all these reforms within 5 years, mainly because the party had a huge 92-seat majority in the House of Commons and felt it could through reforms with minimal opposition
What is devolution?
The delegation of powers from Westminster a sovereign state, to govern at a regional level
What is Quasi-federalism?
A system of devolution where it is so unlikely or difficult for power to be returned to the central government, that it is, to all intents and purposes, a federal system even though it’s not
What does quasi mean?
pretty much is something but not exactly
What is asymmetric devolution?
A type of devolution where the various regions have been granted unequal amounts of power
What is federalism?
Legal sovereignty is divided between the central government and regional governments
Federalism is entrenched in a constitution
The powers granted to regional governments are equal and symmetrical
Any powers not specified in the constitution are normally granted to regional governments
How is devolution different to federalism?
Power but not sovereignty is delegated from central government to regional governments
Devolution is not entrenched and is therefore flexible (in their)
Powers may be delegated in unequal amounts to various regional governments
Any powers not specified in devolution legislation are reversed to central government
What are the 3 powers of devolution?
Legislative- can make laws that will be enforced within their territories
Administrative- refers to their powers and responsibility to implement that administer the laws and to organise state services
Financial- have funds made available to them by the central government so that they can provide services. It allows devolved governments to raise their own funds through taxation or other means so that they can become financially independent
