Constitution Flashcards

1
Q

codified constitution

A

single document sets out laws, rules and principles in which state is governed to protect rights of citizens
Superior to other law and entrenched

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2
Q

uncodified constution

A

laws etc not in a single document instead in different sources
Convention and statute law
Not entrenched so can be amended same as ordinary law

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3
Q

Courts in codified and uncodified

A

Codifed- important use constitution to determine whether actions are constiutional
Uncodified- judicial review limited as no document that can determine wether act is unconstitutional

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4
Q

Royal prerogative powers

A

appoint ministers and choose PM
give royal assent to legislation
declare war and negotiate treaties

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5
Q

Statute law and examples

A

law derived from acts of parliament
HR Act 1998- set out rights of people following from ECHR
Fixed term parliament Act 2011- 5 year elections

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6
Q

Conventions and example

A

established norms of political behaviour

No Monarch refused assending bill since 1707- result in constitutional crisis

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7
Q

Parliamentary sovreignty

A

parliament has legal authority in state- Westminister

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8
Q

Rule of law

A

relationship between state and citizens

no one above the law

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9
Q

Strengths of UK constitution

A

adaptable
strong govt- day to day power resides in executive
Accountability- govt accountable to parliament and electorate

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10
Q

Weakness of UK Constitution

A

Outdated and undemocratic- royal prerogative + HOL (hereditary)
Concentration of power- parliamentary sovreignty, rule of law not fully protected. Govt w majority can force legislation and undermine civil liberties
Lack of clarity- unclear hether govt acted unconstitutionally - Johnson pregoration of parliament

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11
Q

Human Rights reform

A

1998- enshrined aspects of ECHR in UK law.

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12
Q

Devolution reform

A

1999- Blair, devolved power to Scotland, Wales and N Ireland

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13
Q

West Lothian question

A

EVEL (2013)

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14
Q

HOL reform

A

1999- abolished all but 92 hereditary peers, no political party w majority.

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15
Q

Supreme Court reform

A

Constituional Reform act 2005- Supreme Court removed judicial role of HOL, enhanced seperation of powers

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16
Q

Arguments for codified constituion

A

logical conclusion of constituional reform- greater clarity
Limit powers of state and its institutions
Greater protection for rights of citizens
Authoritive reference point for courts

17
Q

Arguments against codified constitution

A

No consensus on what codified constitution should include
Rigid and difficult to amend
Gives unaccountable judges greater power
No process for establishing