constitution Flashcards
define the constitution
the rules and practices that define the political system of a state
what does codified mean
when the constitution is written as a single document
what is a constitutional monarchy
when a monarch is subjected to constraints on their power by a constitution
a constitution is the solution to the problem of ___ , as it tends to ___
power, corrupt
what happens if there is no constitution
there will be a lack of rules and regulations the government could simply do what they want and abuse their power
a constitution defines what 4 things
how the political system works
how the power is distributed
the rights of citizens
the powers and functions of the government
what are A.V Dicey’s twin pillars of constitution
parliamentary sovereignty & rule of law
explain what one of these pillars mean
parliamentary sovereignty means parliament is the base of all power in the UK
give 5 sources of the UK constitution
historical documents e.g. Magna Carta conventions statute law common law authoritative works
give an example of an authoritative work
AV Dicey’s the rule of law
what are conventions
an unwritten understanding about how something should be done (not legally enforceable but universally observed)
what is common law and give an example
a body of unwritten law based on legal precedents established by the courts e.g. a judges rule that people have a duty to read contracts
what are statute laws and give an example
a written law produced by parliament which originates from decisions made in other courts e.g. traffic law
is the uk constitution codified or uncodified
uncodified
Britains constitution has organically grown and developed over hundreds of years rather than being written after a revolution so it is _ not _ in nature
evolutionary, revolutionary
give four events / acts before 1900 that have contributed to Britains constitution
Magna Carta (1215)
bill of rights (1689)
act of settlement (1701)
act of union (1707)
what does interregnum mean and give an example
between monarchs e.g. between 1653 & 1660
what is the Magna Carta
one of the most important documents in history as it stated that no one should be deprived of liberty or property without the due process of the law
what three things does the Magna Carta guarantee
the rights of individuals, the right to justice and the right to a fair trial
why was the act of settlement created?
barons rebelled against the abuse of royal power
why is the manga carta still important
it established the rule of law (all entitled to a fair trial) and the principle that everyone is subject to the law even the king
why was the bill of rights signed
parliament was unhappy with the arbitrary reign of king James I
what did the bill of rights do
firmly established the principles of frequent parliaments, free elections and freedom of speech within parliament
why is the bill of rights still important
establishes human rights for the citizens of Britain and those who aren’t citizens
why was the act of settlement signed
to exclude James II and his heirs from the throne and ensure a protestant succession to the English throne
what did the act of settlement do
established the right of parliament to determine the line of succession to the English throne
why is the act of settlement still important
reveals parliaments control and how they can pick the monarchy
why was the act of union signed
to unite England and Scotland
what did the act of union do
led to the creation of Great Britain and the political union of the kingdom of England and Scotland
when was the constitutional reform act
2005
what did the 2005 constitutional reform act do
established the Supreme Court as the highest appeal court in the UK
Britain is a ______ state
unitary
what are the 4 main reasons for labours constitutional reform
modernisation
democratisation
decentralisation
rights
what is an example of modernisation
prime minister question times reduced to 30mins one day instead of 15 mins on two days (to reduce scrutiny)
constitutional reform act 2005 (formed uk Supreme Court means govt can be held accountable for majority of actions)
what is evidence modernisation since the 1997 labour govt has not gone far enough
- 1997 labour manifesto to switch electoral systems for UK gen elections
- labour did not act on promise to change FPTP for hybrid AV system decreasing manifest legitimacy
what is an example of democratisation
House of Lords act 1999 abolished all but 92 hereditary peers
what is an example that democratisation from 1997 onwards has not gone far enough
the existence of hereditary peers - shows system is not fully / entirely democratised as lords are not elected (lordship passed)
what is an example of decentralisation
- devolution - power devolved to new institutions created SP, WP, NIA
- regional + local govt - established directly elected mayor of London, power in environment & transport
what is an example of better protecting rights
HRA 1998 , human rights are secured by law set outs fundamental rights & freedoms all are entitled to
what is an example that better protecting rights from 1997 onwards has not gone far enough
rights still unentrenched because constitution is uncodified so rights can easily be removed by majority vote in parliament (not a political reality)
what ref led to the creation of the Scottish parliament
1997 referendum based on devolution
what acts created the welsh parliament
the govt of Wales act (1998)
2011 ref gave senedd legislative powers
what acts created the Northern Irish assembly
Northern Ireland act (1998)
the good Friday agreement (1998) wanted unionist + nationalist parties to work together
which act created the Greater London assembly
the Greater London authority act in 1999
what are the 5 features of the uk constitution
parliamentary sovereignty the rule of law unitary state parliamentary government constitutional monarchy
what is evidence for the argument that the UK’s constitution should be codified
powers of devolved nations no longer vague
Britain = unitary state so power is not centralised DN do not have autonomous powers safe guarded by the constitution
what is evidence against the argument that the UK’s constitution shouldn’t be codified
evolutionary constitution develops and adapts to meet societys needs
parliament acts of 1911 & 1949 act amended in 1949 to reduce time lords could delay bills
uncodified constitution = dynamic
arguments for a British bill of rights
would make the Supreme Court the ultimate arbiter of Human Rights matters
restore national faith in Human Rights
“restore common sense to our legal system” Cameron argued become non reliant on HR court
break the formal link between eu court of human rights
arguments against a British bill of rights
unnecessary & potentially dangerous (HRA already protects our fundamental rights )
HRA too similar to BBR
