CONSTITUTION Flashcards

1
Q

Define constitution

A

Rules and principles how a country is governed, defined how power is organised, how the government divides people

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2
Q

Define codified constitution

A

Based on a single document

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3
Q

Define entrenched

A

Constitution is hard to change - codified

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4
Q

Define higher law

A

Difficult law to change that undermines other laws (superior) - codified

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5
Q

Define quasi-federal

A

Like a federal system eg parliament passing power onto Scotland

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6
Q

Define devolution

A

Passing some power eg parliament devolves power onto Scottish parliament

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7
Q

Define sovereignty

A

Ultimate right to do something

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8
Q

Define legal sovereignty

A

Parliament having total power

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9
Q

What is the nature of the UK constitution

A

Uncodified, not entrenched and unitary

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10
Q

Define unitary

A

All legal sovereignty is held in a single place eg UK

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11
Q

Define federal

A

Power divided between a central government and other states eg USA

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12
Q

What are principles of the UK constitution

A

Twin pillars - parliamentary sovereignty and rule of law
Parliamentary sovereignty - makes the law, everyone follows
Rule of law - no one is above the law
Constitutional monarchy - monarchy limited in power (dignified part in constitution)
Parliamentary government - executive drawn from legislature

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13
Q

Sources of UK constitutional

A
  • Statute law - law made by parliament, very important, overrides other laws eg HRA
  • Common law - judge made law, laws based on precedent and tradition eg murder common law
  • Conventions - non-legal established rules of conduct and behaviour eg individual ministerial responsibility
  • Authoritative works - works written by scholars seen as experts in the constitution eg Bagehot’s The English Constitution
  • Treaties - agreement you have with another country eg Treaty of Rome
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14
Q

What is the West Lothian Questions and EVEL

A

West Lothian question - imbalance between the voting rights in the House of Commons and Scotland, wales and Northern Ireland
EVEL - English votes for English laws (English MPs can’t vote on matters devolved to other parts of the UK whilst other parts can vote on English only matters)

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