Constitution Flashcards
Codified?
All the main sources of the constitution are in one document e.g US
Sovereignty of the people / popular sovereignty
Power supposedly in the power of the people e.g US ‘we the people of the US’
Republican?
Head of state is elected
Federal?
Power in hands of central government and some differences in laws between states
Presidential?
President has power separate from congress
Un-codified?
Constitutional laws that aren’t set down in a single document. Rules found in convention and tradition.
Monarchical?
Power in the hands of the monarch
Entrenched?
Constitution becomes law, difficult to bring changes to it e.g US
Flexible?
Can be altered by the law making process
Fushion of powers?
No separation of powers as leader is accountable to legislature
Unitary?
Power in the hands of central government where little regional differences e.g UK
Sovereignty of parliament?
Parliament possesses supreme power. Can make or unmake any law is it’s choosing e.g UK
Amendment 1
Protects the right of freedom of religion and freedom of expression from government interference
Amendment 2
The protection of persons, livestock and property against fire caused by electrical equipment, against burns and against overheating
Amendment 3
Prohibits the involuntary quartering of soldiers in private homes
Amendment 4
protects people from unreasonable searches and seizures by the government
Amendment 5
Guarantees right to jury, forbids ‘double jeopardy’, protects self-incrimination
Amendment 6
Gives citizens series of rights in criminal trials
Amendment 7
Protects right for citizens to have a jury trail in federal courts with civil cases where the claim exceeds a certain dollar value
Amendment 8
Excessive bail not required nor excessive fines imposed nor cruel and unusual punishments inflicted
Amendment 9
The existence of a written constitution should not be treated as an excuse for ignoring nontextual rights
Amendment 10
The Federal Government only has those powers delegated in the Constitution
What 10 things make up the UK constitution?
Magna Carta, bill of rights, act of settlement, acts of Union (1707,1800,1921), civil war + restoration, parliament acts (1911,1949) and european communities act 1972
What is a constitution?
A set of laws that determine the powers and responsibilities of a government.
What are statute laws?
Laws passed down by parliament that overrule any other laws.
Convention
A constitutional practice that isn’t written down
Common law
The process of judicial rulings which create legal precedents
Authoritative opinion
Expert writings that explain how the constitution works in practice
Treaties
International agreements that impact on the way in which a country operates
What rights did the Magna Carta (1215) develop?
The principle that the rule of law applied to everyone even the king
What rights did the bill of rights (1689) develop?
The principle of parliamentary sovereignty
What rights did parliament acts (1911 + 1949) develop?
Prevented the House of Lords from blocking legislation passed by the constitution
What did the lords reform 1999 do?
Removed all but 92 hereditary peers and ensured no party had majority in the Lords
What did the Human rights act 1998 do?
Made it easier for people to defend their rights + increased power of the judiciary
