Constitution Flashcards

Codification arguments, statutes and sources, Pillars and Reform

1
Q

What are the sources of the UK Constitution

A

Statute Law
Common Law
Authoritative Works
Conventions
Treaties

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2
Q

What are Heywood’s three principles of a constitution

A

A document or series of documents that outline the
- nature of the relationship between the branches of government
- nature of the relationship between the branches and government
- nature of the relationship between individuals and government

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3
Q

What was A.V. Dicey’s seminal work and what did he mean by the two pillars of the Constitution

A

1885 An Introduction to the Study of the Law of the Constitution. Two pillars of the Constitution are Parliamentary Sovereignty and Rule of Law

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4
Q

What is Parliamentary Sovereignty

A

Parliament holds ultimate, final power. Cannot bind a future government

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5
Q

What was Walter Bagehot’s publication and what did it establish

A

1867- The English Constitution
Outlined the roles of the PM, whom Bagehot referred to as the first among equals

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6
Q

What is the Same Question Rule

A

A convention that prevents the same or similar motion from being debated in the same Parliamentary session

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7
Q

What is the Salisbury Convention

A

The House of Lords will not make wrecking amendments to legislation proposed in Government’s election manifesto

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8
Q

What is Commons Financial Privilege

A

The Lords will not oppose or make wrecking amendments to Bills dealing with taxation or expenditure

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9
Q

What is Collective Ministerial Responsibility

A

The convention that holds all ministers jointly accountable for government’s policies and actions

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10
Q

What is the Sewel Convention

A

Westminster will only legislate on reserved matters, only legislating on devolved matters after consulting the devolved bodies

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11
Q

What is a unitary state

A

The singular sovereign legislative body

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12
Q

What was the House of Lords Reform Act 1999

A

Decreased the membership of the House from 1,330 in October 1999 to 669 in March 2000. Kept only 92 hereditary peers

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13
Q

What are the 4 U’s of the Constitution

A

Unentrenched, Unitary, Uncodified and Unjudiciable

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14
Q

What are the 4 main principles of the UK Constitution

A

Parliamentary Sovereignty
Rule of Law
Constitutional Monarchy
Unitary state

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15
Q

Wright reforms

A

Introduced elected chairs to select committees, making them more effective at scrutinising government

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16
Q

Recall of MPs

A

Allows Constituents to recall MPs who have broken the law or not attended Parliament.
Peter Bone of Wellingborough lost his seat for breaching the MP code of conduct.
6 by elections so far this year

17
Q

HoL Reform Act 2014

A

Peers can be removed or retire

18
Q

EU Withdrawal Agreement 2020

A

Manifesto policy of Brexit

19
Q

Freedom of Information Act 2000

A

Creates a right of access to all types of recorded information held by most UK public authorities. Also sets out exemptions and places a number of obligations on those public authorities

20
Q

Equality Act 2010

A

Age.
Disability.
Gender reassignment.
Marriage and civil partnership.
Pregnancy and maternity.
Race.
Religion or belief.
Sex.

21
Q

Dunblane Massacre 1996

A

Primary school mass shooting, remains the most deadly. 18 died and 15 injured.
Led to the Snowdrop campaign, which pushed for the Firearms Act of 1997, banning private ownership of most handguns. No mass shooting since.

22
Q

Lee vs Ashers Bakery 2014

A

Ruled in favour of the bakery, who had the right not to serve them for their religious beliefs

23
Q

Abu Qatada

A

In 2002, Abu Qatada was arrested and detained under anti-terror legislation. Detained indefinitely without trial until 2005.
2008, the Court of Appeal ruled that Qatada could not be deported to Jordan as he would likely face a trial using methods of torture and thus, he would not face a fair trial.
2013: announced he would return to Jordan if he could be sure no torture would be used.
The British and Jordanian governments ratified a treaty.