Constitution Flashcards
What is the British constitution?
The Magna Carta 1215 is the closest document we have to a British constitution.
What is a codified constitution?
There is a single document which contains all important laws and rules
Can you change a written constitution?
It can be very difficult to change a written constitution. As you need to get approval from the people.
Why is it easier to change an unwritten constitution?
There is no constitutional requirement for the public to endorse the decision of amending legislation
What is a constitutional monarchy?
The head of state is unelected. The monarchy’s powers have diminished over time. The monarchs prerogative powers are now exercised by the prime minister.
Federal system
States have their own laws and government. Then there is the national government which deals with policy’s like foreign affairs.
Unitary
Smaller countries have governments from the centre, with smaller local governments.
English government
Since the devolution of Westminster England has a multilayered government.
UK constitution
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Supreme court is at the top of the appeal system. Cases start at the lower courts, then court of appeal, then supreme court.
The prime minister must be a member of the lower court. (The House of Commons).
The cabinet is made up of the House of Commons and the House of Lords
Civil Servants remain in post when there is a new government
Westminster model
The government is mainly drawn from the lower house of parliament and the House of Commons
Parliament has supreme law making power, unchecked by the constitutional court.
Ministers are held in check by systems of accountability.
Relationship between government and Parliament
The government is held in check by parliament (house of commons)
Acts of Parliament can be passed without the support of the government.
Very few private members bills become statue
Delegated legislation
Usually in the form of rules, regulation and orders (statutory instruments)
Statutory instruments are related to temporary traffic closures, welfare benefits, environmental regulation. These instruments are mostly created my ministers who have been given law making powers by acts of parliament
Reforming the Westminster model
Backbench business committee was formed in 2010, and has the power to allocate a limited amount of parliamentary time for debates on the topics of their choosing
Draft bills are now being published and examined by selected committees
Direct democracy
Law will be greater accepted if voters have a direct say. This challenges the Westminster model as laws are passed by representatives.
Examples of direct democracy
Referendums
Petitions
