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UK politics > constitution > Flashcards

constitution Flashcards

1
Q

define the constitution

A

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

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2
Q

what does codified mean

A

when the constitution is written as a single document

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3
Q

what is a constitutional monarchy

A

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

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4
Q

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

A

power, corrupt

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5
Q

what happens if there is no constitution

A

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

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6
Q

a constitution defines what 4 things

A

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

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7
Q

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

A

parliamentary sovereignty & rule of law

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8
Q

explain what one of these pillars mean

A

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

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9
Q

give 5 sources of the UK constitution

A 
historical documents e.g. Magna Carta
conventions
statute law
common law
authoritative works
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10
Q

give an example of an authoritative work

A

AV Dicey’s the rule of law

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11
Q

what are conventions

A

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

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12
Q

what is common law and give an example

A

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

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13
Q

what are statute laws and give an example

A

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

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14
Q

is the uk constitution codified or uncodified

A

uncodified

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15
Q

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

A

evolutionary, revolutionary

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16
Q

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

A

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

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17
Q

what does interregnum mean and give an example

A

between monarchs e.g. between 1653 & 1660

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18
Q

what is the Magna Carta

A

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

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19
Q

what three things does the Magna Carta guarantee

A

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

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20
Q

why was the act of settlement created?

A

barons rebelled against the abuse of royal power

21
Q

why is the manga carta still important

A

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

22
Q

why was the bill of rights signed

A

parliament was unhappy with the arbitrary reign of king James I

23
Q

what did the bill of rights do

A

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

24
Q

why is the bill of rights still important

A

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

25
Q

why was the act of settlement signed

A

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

26
Q

what did the act of settlement do

A

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

27
Q

why is the act of settlement still important

A

reveals parliaments control and how they can pick the monarchy

28
Q

why was the act of union signed

A

to unite England and Scotland

29
Q

what did the act of union do

A

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

30
Q

when was the constitutional reform act

A

2005

31
Q

what did the 2005 constitutional reform act do

A

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

32
Q

Britain is a ______ state

A

unitary

33
Q

what are the 4 main reasons for labours constitutional reform

A

modernisation
democratisation
decentralisation
rights

34
Q

what is an example of modernisation

A

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)

35
Q

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

A
  • 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
36
Q

what is an example of democratisation

A

House of Lords act 1999 abolished all but 92 hereditary peers

37
Q

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

A

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

38
Q

what is an example of decentralisation

A
  • devolution - power devolved to new institutions created SP, WP, NIA
  • regional + local govt - established directly elected mayor of London, power in environment & transport
39
Q

what is an example of better protecting rights

A

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

40
Q

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

A

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

41
Q

what ref led to the creation of the Scottish parliament

A

1997 referendum based on devolution

42
Q

what acts created the welsh parliament

A

the govt of Wales act (1998)

2011 ref gave senedd legislative powers

43
Q

what acts created the Northern Irish assembly

A

Northern Ireland act (1998)

the good Friday agreement (1998) wanted unionist + nationalist parties to work together

44
Q

which act created the Greater London assembly

A

the Greater London authority act in 1999

45
Q

what are the 5 features of the uk constitution

A 
parliamentary sovereignty 
the rule of law
unitary state 
parliamentary government 
constitutional monarchy
46
Q

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

A

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

47
Q

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

A

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

48
Q

arguments for a British bill of rights

A

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

49
Q

arguments against a British bill of rights

A

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

UK politics (13 decks)

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