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Politics > Constitution > Flashcards

Constitution Flashcards

1
Q

What are the functions of the constitution?

A

Layers
Institutions
Rights
Territory
Amend

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2
Q

What are the Layers of the constitution?

A
  • Constitutions set out how power is distributed within the state, ie in safeguarded layers like federal (national) and individual states in America, or in one place which then allocates some responsibility to local/regional government as in UK eg theoretically all sovereignty (power) resides in the Parliament
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3
Q

What are Institutions within the constitution?

A

Constitutions establish where power lies within each level of government such as how it is allocated to executive legislature and judiciary and the rules for the operation of those institutions, such as the electoral system or whether one can veto another eg UK has a FPTP electoral system

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4
Q

What are Rights of the constitution?

A

Constitutions set out the rights or freedoms of citizens in relation to the state eg right to free speech

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5
Q

What are Territories of the constitution?

A

Constitutions define the territory the constitution covers and how people may become citizens of it eg citizenship for people coming to the UK

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6
Q

What is Amend in the constitution?

A

Constitutions set out how they are to be changed or amended eg in the UK in practice there has been a referendum before most important changes

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7
Q

What was the sovereign in 1066?

A
  • Monarchs had absolute power, lords underneath them
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8
Q

What was the state of the constitution in 1066?

A
  • William of Normandy invasion consolidated Monarch’s power at the top
  • Noble’s collected his taxes + provided him with soldiers in return for land and stability
  • No constitution: Monarch’s do what they want to, rule to their own agenda
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9
Q

What was the state of the constitution in 1215?

A
  • King John angered the nobles, they forced him to sign the Magna Carta (a great charter) which prevented him from introducing endless new taxing without their consent
    (Now harder to introduce taxes)
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10
Q

What was the state of the constitution in 1265?

A
  • The monarch had to ask the nobles to come to his Palace of Westminster to ‘parler’ whenever he wanted a new tax
  • Became known as PARLIAMENT (Westminster) and Lords tended to meet in one chamber + rich non-lords in another
  • Lords are currently more powerful (more rich and titled, more powerful + male)
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11
Q

What was the state of the constitution in 17th century?

A

Civil War- only civil war England has ever had
- Problem with religion (Protestant and Catholic)
- Protestant parliament suspicious of secret Catholic Charles 1st
- He raised too many taxes

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12
Q

What happened in 1642?

A

Parliament revolted against Charles, started civil war between Roundheads and Cavaliers

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13
Q

What happened in 1649?

A

King was executed, lost the civil war
- England became a Republic (without a royal family)

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14
Q

What happened between 1649-60?

A

Oliver Cromwell ruled as ‘Protector’ of a republic

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15
Q

What happened in 1660?

A

Parliament asked Charles 1’st son (Charles 2nd), who fled to France, to come back and be King (Restoration)

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16
Q

What happened between 1668-89?

A
  • Successor Brother James, didn’t behave well (secret catholic), parliament persuaded him to leave, and ‘invited’ Protestant Dutch William of Orange, married to Mary (English) to be the new monarch.
  • Signed Bill of Rights for Parliament (1689), known as the Glorious revolution
  • Arguably a peaceful Dutch invasion (scientists, soldiers, bankers)
  • Glorious-> it was peaceful (no blood) + parliament becomes more powerful + is Sovereign in relation to the monarch
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17
Q

What branches were established in 1869?

A

Judiciary branch
- Since start of civilisation

Legislative branch
- Since parliament started meetings
- Write + make laws (UK= parliament)

Executive branch
- Execute everything else necessary to govern (ie declare war, implement laws)
- UK= Monarchy

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18
Q

What changed in the 18th century regarding sovreignity?

A

During 18th Century
- Monarchs did less and less
- Monarchs were German
- Their advisers known as ‘ministers’ started to do more
- Ministers met in a room they called the cabinet
- They chose one of them to chair, and called that person ‘Prime’ minister
- Monarchs still decide the ministers, Commons have elections (rich people vote)
- The practice has grown up of (rich men) voting for new parliament (not lords, always stayed) every 5 years.
- Instead of the monarch choosing advisers, it made more sense that leaders of whichever party had control of parliament (ie after election in the commons) would have become ministers
- The WHIGS and the TORYS (both named after rebels)

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19
Q

What Act was passed in 1701 ?

A

The Act of Settlement
- Established legal rules governing succession to the throne
- Monarch has to be member of Church of England
- Established monarch as ruler of the UK

20
Q

What Act was passed in 1707?

A

The Acts of Union
- Abolished Scottish Parliament
- Established Modern GB

21
Q

What Acts were passed in 1911 and 1949?

A

Parliamentary Acts
- Settled relationship between House of Lords and Commons
- 1911: House of Lords lost power to regulate public finances + could only delay legislation for 2 years (NO LONGER VETO FOR GOOD)

  • 1949: Reduced delaying period to 1 year
  • House of Commons is the sovereign house
22
Q

What act was passed in 1972?

A

European Communities Act
- Brought UK into the European community (later became European Union/EU)
- Joined in 1973
- Until UK left, key feature of the constitution

23
Q

What Act was passed in 2017?

A

The European Act
- Gave parliamentary consent to the UK exit from the European Union

24
Q

What Act was passed in 2022?

A

EU Withdrawal Agreement Act

25
Q

When was the US Bill of rights passed?

A

1791

26
Q

How was the right to vote slowly extended?

A
  • Rich men had the right to vote
    (1885 Act of Parliament)
  • Extended to middle class men
  • (1918) Working class men + some women
27
Q

When was a lot of Common Law written down in the UK?

A

NOT written down in 1 place until the Human Rights Act of 1998

28
Q

What is the history of the formation of GB?

A

Great Britain:
England
Then took over Wales,
Then took over Scotland,
Then took over all of Ireland (1801)

Now lost Ireland (kept Northern Ireland)

29
Q

What are the features of the UK constitution?

A
  • Uncodified
  • Unentrenched
  • Unitary
  • The Rule of Law
  • Parliamentary Sovereignty
30
Q

What does an Uncodified Constitution mean?

A
  • The UK constitution has come from multiple sources and wasn’t created at a single moment, and all the laws aren’t passed my parliament
  • Not one big document, written in one section
31
Q

What are the 5 sources in the UK constitution?

A
  • Statute or Act
  • Common Law
  • Conventions or Habits
  • Authoritative works
  • Treaties
32
Q

What is Statute law?

A

Laws passed by Parliament (often acts)

33
Q

What is Common Law?

A

Laws made by judges where the law doesn’t cover the issue or is unclear

34
Q

What are Conventions?

A

Traditions not contained in law but influential in the operation of a political system

35
Q

What are Authoritative Works?

A

Written by experts describing how a political system is run, they are not legally binding but are taken as significant guides

36
Q

What are Treaties?

A

Formal agreements with other countries, usually ratified by Parliament

37
Q

What is an example of Statute Law?

A

Scotland Act 1998: established Scottish Parliament with legislative powers
- Is constitutional as it adds layers to the constitutions and new sources of power

38
Q

What is an example of Common Law?

A

Historically this is where our human rights came from ie Right to free speech, but this has been superseded by European Convention on Human Rights and HRA 1998

39
Q

What is an example of Conventions?

A

The Salisbury Convention: House of Lords shouldn’t block any legislation that appeared in the governing party’s most recent election manifesto
- Establishes institution, blocking the House of Lords from blocking certain legislature

40
Q

What is an example of Authoritative works?

A

O Donnell rules of 2010 rules for coalition

41
Q

What are Treaties?

A

Paris Climate Accords 2015

42
Q

Which is the most important Constitutional source?

A

Statue law is most important
- Can override any other source by passing an act

43
Q

What does an Unentrenched constitution mean?

A
  • US constitution= entrenched
  • Deliberately difficult to get out or change the laws
  • Unentrenched= no special procedure for amendment, not superior to another law
  • Entrenched= separate rules and procedures for amendment
  • UK has chosen to have referendums with some recent changes to the constitution BUT Human Rights Act 1988 was signed without a referendum shows we are unentrenched
44
Q

What does a Unitary Constitution mean?

A
  • UK is 1 unit-> sovereignty (most power) resides in one place= Westminster Parliament
  • Constitution doesn’t guarantee the right of any other layer to exist
  • In theory, Westminster could abolish Scotland Parliament
45
Q

What does the Rule of Law mean?

A
  • Everyone must follow rules, including government etc
  • Principles that all people and bodies, including government, must follow the law and can be held to account if they do not. Fundamental to all democracies, should be straight forward

This DOESN’T include the monarch: doesn’t need a passport, doesn’t need a driving license, police have to ask permission to come onto his land

46
Q

What does Parliamentary Sovereignty mean?

A
  • Sovereignty= supreme power in either a legal form (who/what is supreme in making laws) or a political form (who/what has supreme power)
  • Parliamentary sovereignty= each parliament is sovereign, cannot be bound by the decisions of predecessors nor successors
  • THEREFORE future parliaments can repeal any law currently in action, passed by any past parliament
47
Q
A

Politics (8 decks)

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