CONSTITUTION Flashcards
What is a constitution?
A document of a set of laws, rules and practices of a country/state
What is a codified constitution?
When a set of laws is written in one document - eg; in the USA with 27 amendments
What is an unmodified constitution?
When a set of laws is not written in one place, eg in the uk
What is a unitary constitution?
When a countries constitution is in one single location.
What is a federal constitution ?
When a countries constitution is divided between regional and central bodies - all of them have their own spheres of power and authority.
Arguments for a codified constitution?
- accessible to everyone
- easy to understand and read
- transparent
- lists the power of the government and parliament
Arguments for an unmodified constitution?
- clear political leadership through strong government
- flexible
- adequate protection of civil rights and liberties
- elected politicians have upper hand over unaccountable judges
- tried, tested and durable
parliament act of 1911 and 1949
- settled the relationship between the HOC and the HOL.
- act of 1949 reformed the 1911 one as HOL are only allowed to delay legislation for up to a year only and are not allowed to veto legislation (which you could do under the act of 1911)
Functions of a constitution
- determines the distribution of political power within a state
-states the limits on government power
-states the rights of citizens within the country
-to be able to be amended from time to time
Constitutional amendment
A change to a states constitution. It is very difficult to do and requires widespread popular support
Entrenchment
Device that protects a constitution against change by a future government or legislation
Parliamentary sovereignty
Where parliament has supreme power in the UK. it can:
- Grant power to other bodies
- Its laws cannot be overridden
- legislate on any matter it wishes
- cannot bind future parliaments or be bound by its predecessors
European withdrawal act 2017
Gave parliament the consent to leave the EU.
Magna Carta, 1215
signed by King John, the ‘Great Charter’ was a series of written promises between the king and his subjects. The king agrees to govern England and deal with its people according to the customs of feudal law. It was an attempt by the land-owning barons to stop the king from abusing his people. Certain basic rights were established, for example the right to a jury trial.
Bill of Rights, 1689
guaranteed further basic rights, for example free elections, and laid out both rights of Parliament and limitations on the power of the Monarch. The Bill firmly established the principles of frequent parliaments and freedom of speech within Parliament – known today as Parliamentary Privilege. It also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today.
