Constitution Flashcards
Is the UK constitution considered Codified or Uncodified and how does this contrast with other Liberal Democracies?
The UK constitution is Uncodified, most Liberal Democracies such as Denmark operate with a codified constitution.
What words can be used to describe the UK constitution?
It can be described as Unentrenched, flexible,
What year was the Magna carter signed and what did it do?
It was signed in 1215 and set out that everyone has the right to fair and swift trial, offered protection on arbitrary imprisonment and set a limit on taxation.
What Year was the Bill of rights signed and what did it do?
It was signed in 1689 and set a limit on the power of the monarchy, Provided protection against cruel and unusual punishments and enhanced status of Parliament.
What year was the act of Settlement signed and what did it do?
It was signed in 1701 and barred Roman catholics from becoming the Monarch
What year was the act of Union signed and what did it do?
It was signed in 1707 and united the Kingdoms of Scotland and England, Governed by Westminster
In what years were the two house of lord reforms passed and what did they do?
1911 and 1949 limited the power of the house of lords, could only block monetary bills for two years and non monetary bills for one year.
In what Year did the UK join the EEC and what did this mean?
The UK joined the EEC in 1972, Due to the treaty of Rome EEC law took primacy over Domestic law
How can the Government reform the constitution? what are the advantages and disadvantages?
The Constitution can be reformed through a simple act of parliament which is an advantage as government can respond quickly to a crisis however, it is far too easy and can undermine individual freedoms.
Why is it so easy for parliament to reform the constitution?
Parliament has Parliamentary sovereignty and therefore has the right to change any laws
What are the 5 Main sources of UK law?
Statute law, common law, conventions, Authoritative works, European laws and treaties .
What is statute law?
It is a law created by acts of parliament.
What is common law?
derives from Cultural customs and traditions, uses legal principles developed by the UK judiciary.
What are conventions?
They are norms of political behaviour rather than actual laws.
What are Authoritative works?
They are persuasive legal and political texts .
Why does EU law no longer have precedence?
BREXIT
Who must approve of an act of Parliament before it is passed?
The House of commons, the House of Lords and the Monarch before it becomes statute.
What are two examples of Acts of Parliament?
Illegal Migration act 2023, passed in July, challenges credibility of asylum claims.
Online Safety act 2023, passed in October, OFCOM regulation of certain internet services
Give some examples of Common law in use?
Royal Prerogative, UK Judiciary can rule that the UK government has acted unlawfully but cannot say unconstitutionally. Guides lower courts and future law makers.
What document has all known conventions written in it?
2011 Cabinet Office manual.
Give Two examples of Conventions still used today?
Gordon Brown set out that the UK would not declare war without parliaments consent however May undermined this.
Salisbury convention - Lords will not block bills from the manifesto.
List the major authoritative works?
A treatise on the law, privileges, procedures and usage of parliament - Erskine May
The English Constitution - sets out the roles of cabinet Ministers - Walter Bagehot
