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Constitution Flashcards

1
Q

What is the Constitution?

A

The fundamental system of rules specifying how a state is governed

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2
Q

Give the two of three points for Constitution:

A

The structure of powers or govt
The relationship between different parts of govt and state
The relationship between govt, state, and citizens

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3
Q

Is the USA codified or uncodified?

A

The USA is CODIFIED

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4
Q

Is the UK codified or uncodified?

A

The UK is UNCODIFIED

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5
Q

Give 3 of 4 points for USA Codified Constitution:

A
  • Located in a single document
  • Authoritative/ higher law (precedence constitutional law takes over statutory law made by Congress)
  • Inflexible/ entrenched (procedure to change is more difficult than ordinary laws)
  • Judicable (all institutions are subject to the judgement of the Supreme Court (hands power to the court) in the US, the Supreme Court can strike down legislation as unconstitutional)
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6
Q

Give 3 of 4 points for UK Uncodified Constitution:

A
  • Located in a variety of sources (some written, some traditions/ conventions)
  • NOT Authoritative (constitutional laws only have the status of ordinary laws)
  • Flexible/ NOT entrenched (the constitution can be changed through the normal law-making process)
  • NOT Judicable (Judges cannot declare laws as “unconstitutional”)
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7
Q

Why is it sometimes misleading to use the term written and unwritten constitution?

A

We used to call it written constitution instead of codified.
Parts of it are written but it’s spread out (not in one document)

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8
Q

Define Precedence

A

Takes priority over

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9
Q

Define Precedent

A

The first time

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10
Q

Define Judicable

A

The judges can avoid a law (not in Britain, but in America can happen)

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11
Q

“The British Constitution is what happens”: It has followed an ____________ rather than revolutionary route - it is an ORGANIC entity.
Much of development has been the gradual
- decentralisation of ______ and
- _______ on the power of rulers.

A

evolutionary
power
limits

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12
Q

The balance of power has gradually ________.
Initially, this was limits of the power of the monarch by sharing it with aristocracy, then also with P_________.
Later, this meant the reduction of power of the aristocracy with more and ultimately all power resting with Parliament.
Some would argue that power has sometimes gone to the people in the form of _____________.

A

shifted
Parliament
referendums

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13
Q

Sources of the Constitution: _____ it is located.
Features of the Constitution: It’s ___________ aspects

A

Where
fundamental

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14
Q

Give 3 of 5 sources of the constitution:

A

Stature Law (representation of the people)
EU Law
Conventions (collective responsibilities of Cabinet)
Major works of authority and constitutional documents (eg. Magna Carta)
Royal prerogative (includes power to declare law; PM holds most of the powers)
Common Law (includes legal precedents and judicial decisions)

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15
Q

What are the Twin Pillars of the Constitution?

A

Parliamentary Sovereignty
The Rule of Law

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16
Q

What are 3 of 5 principles of the constitution?

A

Parliamentary Sovereignty (the cornerstone of the UK Constitution. Refers to the absolute and unlimited legal authority of Parliament as the supreme law-making UK body.)
The Rule of Law (no one is above the law, everyone is equal before it)
Unitary State (power is concentrated in the form of a central govt. which has ultimate power and authority over its jurisdiction)
Constitutional Monarchy (a system of govt. in which a monarch shares power with a constitutionally organised govt.)
EU Treaties (a binding agreement between EU member countries)

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17
Q

Give 2 of 5 points of Parliament Sovereignty:

A

Parliament can pass any laws it wants
No other legislature can rival its powers or has independent law-making powers
No Parliament can bind it’s successors
Statute law takes precedence over all other forms of law
The absence of higher law in the form of a codified constitution

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18
Q

How could recent developments be said to have undermined Parliament Sovereignty? Give one way and counter.

A

Referendum -> give to the people rather than Parliament (COUNTER: Parliament voted and agreed to this!)

Devolution -> De juro de facto = once given, can’t take back

Was the EU -> European law takes precedence in the EU
(COUNTER:We voluntarily stayed in the EU)

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19
Q

What is the difference between de juro and de facto?

A

De jure “Legal theory” -> what happens according to the law
De Facto “Political reality” -> existing in fact, but not necessarily legally

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20
Q

Give one of four points for The Rule of Law:

A

Nobody can be punished except if they breach the law established before a court.
Nobody is above the law.
The law should conform to certain minimum standards of procedure.
The law should be reasonably certain or predictable.

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21
Q

What does Rule of Law mean?

A

The relationship between the state and individual is governed by law, protecting the individual.
Everyone is equal before the law, no one is above it.

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22
Q

The Rule of Law is an essential part of a Liberal Democracy (individual rights and freedoms recognised) as a constitutional ______ on Government.
Governments must act within the law or face the c___________!
BUT…
Many argue that Parliamentary Sovereignty is the d________ pillar which has taken precedence over the rule of law.
A) Parliament can pass any law it wants so it could override the principles of the rule of law by voting it so.
B) The E_______ D_______. Govt. can dominate Parliament such as Blair and Thatcher years. Parliamentary Sovereignty has, for periods, become the wishes of the govt of the day.

A

check
consequences
dominant
Elective Dictatorship

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23
Q

Constitutional Monarchy:
The Queen is the Head of State BUT is a n______ figure only representing the unity of the nation.
Government is taken through Parliament but presided over by the monarch.
Actions are taken in the name of the monarch BUT most of these powers have p______ to the PM.

BUT…

Powers today: Royal assent to Bills, Appoints important office holders.
WOULD have power in specific instances: If Parliament was h___, she would have to play an important role in calling a coalition government.

A

neutral
passed
hung

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24
Q

What is a Unitary State?

A

Ultimate legal sovereignty is retained in the centre (Westminster).
Subnational/ devolved bodies do NOT have autonomous powers (they can in theory be removed!)

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25
Q

What is a Federal State?

A

Sovereignty is divided equally in two: National (Federal) Government and the regional (state) government.
No tier (level) of govt. can abolish another tier.

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26
Q

Although the UK is traditionally a Unitary State, the truth is more c___________!
NI has its own parties and institutions.
Wales has its own language
Scotland has its own legal system.

A

complicated

27
Q

A Union State is a U_______ State with devolution.
Political power is concentrated at the centre BUT the component nations have degree of autonomy through d________.
A high degree of administrative standardisation BUT the parts retain some of pre-Union features.

A

Unitary
devolution

28
Q

What does sovereign mean?

A

The ultimate law-making body

29
Q

Why did EU law take precedence over UK law? Give the case which showed this too.

A

Factortame (1990)
EU law had primacy: in cases of conflict between national and EU law, EU law took priority.

30
Q

Why could the UK still have said to be sovereign even with EU membership?

A

It could pull out at any time.

31
Q

What was the last treaty the UK Signed when IN the EU (before BREXIT)?

A

Lisbon treaty

32
Q

Why is Parliament Sovereignty said to be superior to the rule of law?

A

You can make the law

33
Q

Give 3 of 4 points for Reasons for Reform?

A

Decentralisation -> decision-making powers devolved to new institutions in Scotland and Wales, with the role of local govt also being enhanced.
Democratisation -> participation in the political process would be enhanced through electoral reform and greater use of referendums
Modernisation -> Institutions like Parliament, the executive, and the civil service were using outdated and inefficient procedures that demanded reform.
Protection of rights -> the rights of citizens would be strengthened sand safeguarded.

34
Q

Constitutional Reform Act (2005) made three significant reforms:

A

Established a new UK Supreme Court
Reformed role of Lord Chancellor.
Reformed the process for selecting judges.

35
Q

What was HOL Act 1999? What was the disagreement?

A

Removed all but 92 hereditary peers, but there was disagreement over what stage 2 would look like.

36
Q

How did constitutional reforms impact the HOC?

A

Devolution -> key powers were ‘reversed’ but various legislative and financial power was transferred to Scotland, Wales, and Northern Ireland.

37
Q

What electoral reform has these been since 1997?

A

Political parties, elections, and referendums act (2000) limited donations to political parties and the amount the candidates can spend on campaigns.
Also created the Electoral Commission to oversee elections and referendums and regulate political finance.

38
Q

How has the use of direct democracy grown since 1997?

A

Freedom of Information Act (2000) provided public access to information held by public authorities.

39
Q

What is the HRA?

A

Human Rights Act (1998) enshrined most of the ECHR provisions in UK law.
It requires the British government to ensure that legislation is compatible within the ECHR.

40
Q

What powers does the HRA grant the Judiciary?

A

They can issue a declaration of incompatibility.

Belmarsh case =
The case concerned the indefinite detention of foreign prisoners in the UK prison ‘Belmarsh’.
The govt. rewrote the law because they were held without trial which challenged ECHR compatibility.

Case of HRA breach -> judicial review -> approved? -> dec. of incomp. -> govt. may amend the law

41
Q

Note one case where the HRA has been used to extend and protect individual rights:

A

-> DNA shouldn’t be kept if the person isn’t guilty
-> Openly gay people can serve in the armed forces
-> Gay couples recognised in inheritance cases

42
Q

What is derogation?

A

An opt out under certain circumstance

43
Q

Give 2 of 3 strengths of HRA:

A

A positive assertion of rights… a change from the traditional negative right approach
Ease and speed of access… by having access in UK courts, the citizen can quickly gain recourse. Previously, it took up to 7 years.
Government has responded to “Declarations of Incompatibility”… in every case where Judiciary has used this declaration, the Government has eventually amended the legislation.

44
Q

Give 2 of 3 weaknesses of the HRA:

A

Not an entrenched Bill of Rights… Human rights legislation can be removed as Parliament is sovereign! It stops short of what other countries like the USA have.
It can be derogated out of… in certain cases, some sections can be opted out of. 2001-2005, it derogated out of article 5 to pass terror legislation.
Allows judges to overstep their traditional role… unelected and socially unrepresentative judges make decisions better made by elected politicians who are accountable.
Established an unhealthy abstract conception of rights… judges constitutional interpretation of rights is based on the individual and fails to take into account the rights of the wider community. Civil liberties must be address in a majoritarian way (balance rights with the community) balanced with community (focused on individual rights in a strict legal way).

45
Q

Where Supranational Institution used? Electoral system?

A

EU Parliament -> Closed Party List

46
Q

Where National Institution used? Electoral system?

A

Westminster -> FPTP

47
Q

Where Devolved Institution used? Electoral system?

A

Scottish Parliament
Welsh Assembly
Greater London Assembly -> AMS

Northern Ireland Assembly -> STV

48
Q

Where Local Elections Institution used? Electoral system?

A

England and Wales -> FPTP
Scottish local government -> STV

49
Q

Which parties gained the most seats: Supranational Institution?

A

BNP
UKIP

50
Q

Which parties gained the most seats: National Institution?

A

Conservatives

51
Q

Which parties gained the most seats: Devolved Institution?

A

Greens and Scottish Socialists (Scottish Parliament)
UKIP , reform in future (Welsh Assembly)
BNP (Greater London Assembly)

52
Q

What did the Jenkins Report suggest in 1998?

A

The AV+ system

53
Q

In the USA, there is a rigid separation of ________ with strict separation between legislature, executive, and judiciary.
Traditionally, the UK’s Parliamentary Government had only a _______ separation with an overlap between various arms.
At the centre of that overlap was the LORD CHANCELLOR who was the “__________”.

A

powers
partial
lynchpin

54
Q

What did the Constitutional Reform Act 2005 do? Give 2 of 3

A

Reformed the Lord Chancellor’s role
(He lost two roles, which were passed on to the Lord Chief Justice and Lord Speaker)
Established a Supreme Court, taking power away from the Lords.
**Created The Judicial appointments Commission (JAC) **

55
Q

What has the Constitutional Reform Act 2005 done (in your own words)?

A

Reduced govt. influence over Judicary
A reduction in overlap of power, although not a full separation.
There was a more open and standardised selection process due to the significant loss of power, but some influence was still retained.

56
Q

Give the three main effects of judicial reform:

A

Separation of judiciary and government
Supreme Court
Appointment of senior judges

57
Q

What happened with Parliamentary reform?

A

90% of hereditary peers removed.
But second stage stalled from 1999. There has been an agreement to have a partially or fully elected Lords.

58
Q

List 2 examples of constitutional reform:

A

The Wright Committee reforms
Recall of MPs Act
House of Lords Reform Bill
House of Lords Reform Act
House of Lords expulsion and suspension act
**Fixed-term Parliaments Act (established fixed general elections every 5 years but with two exceptions).
Succession to the Crown Act (made succession to the crown gender-neutral) **

59
Q

Give a success and failure of reform - Coalition 2010 to 2015 Conservatives and Lib Dem

A

Success -> Fixed Term Parliament Act
Failure -> Introduce a fully elected Lords

60
Q

Give one of three conservative reforms

A

City devolution outside of London -> an extension beyond metropolitan -> different powers and functions for each devolution level.
Was a success.

61
Q

Johnson is known for WHAT 3 main reforms?

A

Brexit (delivered major constitutional change)
Reversal of EVEL (removed ‘solution’ to WL Q)
REVERSAL of Fixed Term Parliament Act (Coalition’s main constitutional policies)

62
Q

How did BJ attempt to ‘stretch’ the constitution?

A

Attempted to illegally prorogate Parliament (ending a Parliament session)

Would have prevented Parliament from debating motions and legislation and from carrying out a range of other activities normally carried out.

63
Q

What to think about for FORs and AGAINSTs of the UK adopting a codified constitution?

A

Checks and balances
Vagueness/ clarity
Flexibility/ rigidity
Rights protections

64
Q

Where next for constitutional reform? Give 1 of 3 ideas.

A

Encouraging active participation and engagement
Delivering fair representation
Providing for good governance and restoring trust

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