constitution

Question 1

define the constitution

Answer 1

the rules and practices that define the political system of a state

Question 2

what does codified mean

Answer 2

when the constitution is written as a single document

Question 3

what is a constitutional monarchy

Answer 3

when a monarch is subjected to constraints on their power by a constitution

Question 4

a constitution is the solution to the problem of ___ , as it tends to ___

Answer 4

power, corrupt

Question 5

what happens if there is no constitution

Answer 5

there will be a lack of rules and regulations the government could simply do what they want and abuse their power

Question 6

a constitution defines what 4 things

Answer 6

how the political system works
how the power is distributed
the rights of citizens
the powers and functions of the government

Question 7

what are A.V Dicey’s twin pillars of constitution

Answer 7

parliamentary sovereignty & rule of law

Question 8

explain what one of these pillars mean

Answer 8

parliamentary sovereignty means parliament is the base of all power in the UK

Question 9

give 5 sources of the UK constitution

Answer 9

historical documents e.g. Magna Carta
conventions
statute law
common law
authoritative works

Question 10

give an example of an authoritative work

Answer 10

AV Dicey’s the rule of law

Question 11

what are conventions

Answer 11

an unwritten understanding about how something should be done (not legally enforceable but universally observed)

Question 12

what is common law and give an example

Answer 12

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

Question 13

what are statute laws and give an example

Answer 13

a written law produced by parliament which originates from decisions made in other courts e.g. traffic law

Question 14

is the uk constitution codified or uncodified

Answer 14

uncodified

Question 15

Britains constitution has organically grown and developed over hundreds of years rather than being written after a revolution so it is _ not _ in nature

Answer 15

evolutionary, revolutionary

Question 16

give four events / acts before 1900 that have contributed to Britains constitution

Answer 16

Magna Carta (1215)
bill of rights (1689)
act of settlement (1701)
act of union (1707)

Question 17

what does interregnum mean and give an example

Answer 17

between monarchs e.g. between 1653 & 1660

Question 18

what is the Magna Carta

Answer 18

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

Question 19

what three things does the Magna Carta guarantee

Answer 19

the rights of individuals, the right to justice and the right to a fair trial

Question 20

why was the act of settlement created?

Answer 20

barons rebelled against the abuse of royal power

Question 21

why is the manga carta still important

Answer 21

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

Question 22

why was the bill of rights signed

Answer 22

parliament was unhappy with the arbitrary reign of king James I

Question 23

what did the bill of rights do

Answer 23

firmly established the principles of frequent parliaments, free elections and freedom of speech within parliament

Question 24

why is the bill of rights still important

Answer 24

establishes human rights for the citizens of Britain and those who aren’t citizens

Question 25

why was the act of settlement signed

Answer 25

to exclude James II and his heirs from the throne and ensure a protestant succession to the English throne

Question 26

what did the act of settlement do

Answer 26

established the right of parliament to determine the line of succession to the English throne

Question 27

why is the act of settlement still important

Answer 27

reveals parliaments control and how they can pick the monarchy

Question 28

why was the act of union signed

Answer 28

to unite England and Scotland

Question 29

what did the act of union do

Answer 29

led to the creation of Great Britain and the political union of the kingdom of England and Scotland

Question 30

when was the constitutional reform act

Answer 30

2005

Question 31

what did the 2005 constitutional reform act do

Answer 31

established the Supreme Court as the highest appeal court in the UK

Question 32

Britain is a ______ state

Answer 32

unitary

Question 33

what are the 4 main reasons for labours constitutional reform

Answer 33

modernisation democratisation decentralisation rights

Question 34

what is an example of modernisation

Answer 34

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)

Question 35

what is evidence modernisation since the 1997 labour govt has not gone far enough

Answer 35

- 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

Question 36

what is an example of democratisation

Answer 36

House of Lords act 1999 abolished all but 92 hereditary peers

Question 37

what is an example that democratisation from 1997 onwards has not gone far enough

Answer 37

the existence of hereditary peers - shows system is not fully / entirely democratised as lords are not elected (lordship passed)

Question 38

what is an example of decentralisation

Answer 38

- devolution - power devolved to new institutions created SP, WP, NIA - regional + local govt - established directly elected mayor of London, power in environment & transport

Question 39

what is an example of better protecting rights

Answer 39

HRA 1998 , human rights are secured by law set outs fundamental rights & freedoms all are entitled to

Question 40

what is an example that better protecting rights from 1997 onwards has not gone far enough

Answer 40

rights still unentrenched because constitution is uncodified so rights can easily be removed by majority vote in parliament (not a political reality)

Question 41

what ref led to the creation of the Scottish parliament

Answer 41

1997 referendum based on devolution

Question 42

what acts created the welsh parliament

Answer 42

the govt of Wales act (1998) | 2011 ref gave senedd legislative powers

Question 43

what acts created the Northern Irish assembly

Answer 43

Northern Ireland act (1998) | the good Friday agreement (1998) wanted unionist + nationalist parties to work together

Question 44

which act created the Greater London assembly

Answer 44

the Greater London authority act in 1999

Question 45

what are the 5 features of the uk constitution

Answer 45

``` parliamentary sovereignty the rule of law unitary state parliamentary government constitutional monarchy ```

Question 46

what is evidence for the argument that the UK's constitution should be codified

Answer 46

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

Question 47

what is evidence against the argument that the UK's constitution shouldn’t be codified

Answer 47

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

Question 48

arguments for a British bill of rights

Answer 48

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

Question 49

arguments against a British bill of rights

Answer 49

unnecessary & potentially dangerous (HRA already protects our fundamental rights ) HRA too similar to BBR