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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

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20
Q

What Act was passed in 1707?

A

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

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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
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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

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23
Q

What Act was passed in 2017?

A

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

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24
Q

What Act was passed in 2022?

A

EU Withdrawal Agreement Act

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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

What does Function mean?

A

The job/point of

48
Q

What does Amend mean?

A

To change

49
Q

Why should the UK have a codified constitution?

A

Clarity
Limited Government
Higher law and entrenchment
Judicial interpretation
Protecting Human rights

50
Q

Why the UK shouldn’t have a codified constitution?

A

Easy to change
Proven adaptability
Provides strong and accountable government
Inflexibility
Gives judges too much power
No pressure for or agreement on change

51
Q

How does a codified constitution create Clarity?

A
  • Clear and accessible to all citizens, can easily refer and identify with it
    • Reduces the possibility of ambiguity during political disputes
    • These ambiguities currently exist in conventions that make up our political system
52
Q

How does a codified constitution create a Limited Government?

A
  • Ensures there is no elective dictatorship, leaders with a minority government will not be able to make profound changes
    • Ie done in the Identity Card Act of 2006
    • Ends parliamentary sovereignty, helpful when decisions aren’t in the best interest of the people
53
Q

How does a codified constitution create a Higher Law and Entrenchment?

A
  • Creates a 2 tier legal system
    • Laws relating to constitutional arrangements, the relationship between the different branches of government, rights of individual citizens (ie Human Rights Act) would be further safeguarded and entrenched
    • Changes to higher law (ie human rights act, jurisdiction of the European Court of Human Rights) may only be possible with supermajorities in legislature and/or referendums: ensures major constitutional changes are only possible if the vast majority of citizens/legislators endorse them
    • Ie 2010: Conservatives proposed changing the replacing the Human Rights act 1998 with the British Bill of Rights
54
Q

How does a codified constitution create Judicial Interpretation?

A
  • Gives more authority to senior judges of the Supreme Court who would become constitutional protectors
    • Currently, UK judges do not have the power to strike down legislation
      Codified constitutions: Judges can reinterpret the meaning
55
Q

How does a codified constitution protect Human rights?

A
  • Codified would protect the rights of citizens more securely
    • Would define the relationship between the state and its citizens (usually achieved through a Bill of Rights ie US Bill of Rights, that is an integral part of the constitution)
    • Currently widely accepted human rights are easily suspended or removed because of parliamentary sovereignty
      2004: 9 suspected terrorists were held in prison, appealed to the House of Lord (the highest UK court at the time), defended by saying the state couldn’t imprison them without formally charging them and bringing them to trial (habeas corpus), but the Lords ruled that they countered the Human Rights Act. This led to Prevention of Terrorism Act 2005, but the bill ping-ponged between the House of Lords and Commons until a compromise was reached of control orders and house arrest, essentially dismantling the idea of habeas corpus.
56
Q

How does an uncodified constitution mean it’s easier to change?

A
  • Can be updated and amended over time
    • No laws on how to change the constitution or laws that are constitutionally superior to other laws
      Constitution can easily be changed by a simple act of parliament
57
Q

How does an uncodified constitution have Proven Adaptability?

A
  • Can reflect the current views of society
    • Flexible to adapt to changing circumstances
    • Scotland Act 1998, pressure for Scottish Autonomy
    • House of Lords reform, Human Rights Act,
    • Incorporate judicial decisions (common law) into acts, highly responsive to social and political pressure
      Current arrangements work better in the present
58
Q

How does an uncodified constitution provide a strong and accountable government?

A
  • Parliament with a majority in parliament can be a strong force for social and political change
    • Gives them more leverage and potential to introduce significant reform: ie Thatcher and Blair governments both took advantage of constitutional flexibility, both introduced far reaching reforms (ie Devolution, privatisation)
59
Q

How does a codified constitution show inflexibility?

A
  • Would be entrenched-> difficult to change + require some special process to alter its provisions
    • Can entrench out of date ideas and make necessary change difficult to achieve
    • USA: constitution can only be amended if approved by 2/3 of congress + 3/4 of the states
    • Positives of checks and balances is usually outweighed by the political paralysis it can create
      Ie achievement of civil rights for African Americans took longer than it should have partly due to the specific process of constitutional change
60
Q

How does a codified constitution give judges too much power?

A
  • Judges are unelected and are unaccountable
    • Codified constitution makes some laws constitutionally superior to others, so creates the need for a supreme court to decide if and when the constitution has been breached
    • USA + Germany: Supreme court can declare acts of national parliament unconstitutional and can strike them down
    • USA= immense power to 9 judges appointed for life by the president
      UK= parliamentary law is sovereign, supreme court cannot override statue law, but can scrutinise authority WITHOUT giving power to unelected and unaccountable judges
61
Q

How does a constitution mean there is no pressure for or agreement on change?

A
  • Most codified constitutions were created during times of major political upheaval, usually in the form of revolution (ie in France and USA)
    • Britain doesn’t face the same kind of push factor, there is little genuine pressure for political change
      Also there would be no agreement on what rights may be contained in the document or the powers and composition of its parts

Politics (12 decks)

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