constitution Flashcards
1
Q
what is an uncodified constitution
A
not contained in a single written document
2
Q
unentrenched/flexible constitution
A
no special procedure for amendment , legislation can change it through a majority vote in parliament
3
Q
unitary
A
a system where all legal sovereignty is contained in a single place (houses of parliament )
4
Q
parliamentary sovereignty
A
can make , amend and unmake any law , and cannot bind its successors or be bound by its predecessors
5
Q
the rule of law
A
all people and bodies , including the government , must follow the law and can be held account if they do not
6
Q
statute law
A
laws passed by parliament , take precedence over all other law
7
Q
common law
A
law made by judges/judiciary ( precedent )
8
Q
conventions
A
not contained in law but influential
9
Q
authoritative works
A
written by experts describing how a political system works ,not binding but are guides
10
Q
devolution
A
dispersal of power , but not sovereignty, within a political system
11
Q
common law offence
A
murder
R v R 1991 marital rape
12
Q
example of convention
A
monarch chooses the leader of the largest party in the hoc
individual and collective ministerial responsibility
power to dissolve parliament and patronage
salisbury convention - hol not obstruct manifesto bills
Sewel convention - devolved policy not interfered
13
Q
who informed the speaker of what rules ought to be in certain situations
A
Erskine may / A.V Dicey
14
Q
royal prerogative
A
acting on own initiative , this is rare as a convention is to take advice from pm or government ministers
15
Q
fusion of powers
A
executive is chosen within the legislature
16
Q
what did the constitutional reform act 2005 do
A
create judicial independence , supreme court (2009)
17
Q
sewel convention 2023 issue
A
scotland objected to the use of s.35 to block scottish general recognition bill as gov didn’t object during passage of bill
18
Q
what development happened in 1215
A
magna carta- made peace in England and made things such as gave protections to barons from illegal imprisonment
19
Q
what development happend in 1689
A
Bill of Rights - free elections , freedom of speech in parliament
20
Q
what happened in 1701
A
Act of settlement-limited power of monarch and was a major cause for the union of scotland , wales and England
21
Q
parliament acts 1911
A
Gave provisions for legislation that could be passed without hol ( supremacy of hoc)
22
Q
parliament acts 1949
A
reduced time the lords could delay bills to one year
23
Q
EU in the constitution
A
1972- joined EU but the act was repealed by EU withdrawal act in 2018 after the referendum
24
Q
significance of common law
A
updates constitution with modern societal attitudes
25
significance of conventions
gov could be punished bringing constitutional crisis, allow adaptation, open to abuse during elected dictatorship
26
example of elected dictatorship
johnson unlawfully prorogued parliament to prevent discussions on his brexit deal
27
when has salisbury convention been in contention
2010 government - coalition meant it neither governing party had produced mandates
2017 - minority gov meant weak mandate
Brexit issue - the manifesto didn’t describe the way in which they would leave the EU
28
use of works of authority
bercow citied may ( treatise on the law , privileges and proceedings )
29
significance of works of authority
lack any legal authority , out of date , individual opinions
30
Popular sovereignty with example
Power ultimately lies within the people in a democracy- Poll Tax riots 1990 brought government to U turn.
31
Why does parliament not have political sovereignty
They have legal right to make, unmake and amend law but does not always have ability to do so.
32
Implied repeal
When a new act appears to contradict an older piece of legislation the newer act takes precedence , effectively repealing the old law.Only laws of constitutional significance can overrule ones of constitutional significance.
33
Example of implied repeal
Eu withdrawal act 2020 overruled act of union
34
Diceys 3 principles
Supremacy of law- only punishable for breaking a law that has been properly passed.
Equality before law- no one is above the law.
Predominance of legal spirit-value and upholding law
35
Bingham thick view
Questions of liability should be resolved in application of the law .
The law must afford to adequate protection of fundamental human rights.
Laws apply equally to all except justified differentiation - children
36
Reform 2010-2015
The recall of mps act 2015
Wright reforms - house elects chairs of select committees , e petitions
2016 Scotland act - devomax
37
Reform during 1997-2010
Human rights act 1998
Constitutional reform act - 2005 - creation of Supreme Court
Devolved parliaments
PR in eu parliment and London Assembly
38
johnson curtailing human rights
cornavirous act 2020 ‘emergency powers’ - our freedom of assembly and movement
39
Reform 2019 onwards
Brexit , Eu withdrawal Act 2019
Elections act 2022 ID voting
40
West Lothian question
Scottish , Irish , welsh mps vote on English issues even though English mps cannot vote on theirs - vote lost because of Scottish MPs ,2016 proposal to increase big shop opening times on Sunday
41
party gate exposed …
abuse of power during lockdown , lack of transparency to be scrutinised by people
42
partygate dismissal
liaison committee held him to account during investigation showing parliament succesful checks and balances power and scrutinises executive
43
average age of lords
71
44
what is devolution changing the unitary system too
quasi-federalism
45
lords women
28%
46
why is calling a general election now a political decision
Rishi Sunak called an election for 4th July because the Conservatives lowered inflation
47
public order act 2023
sunak wanted to criminalise rough sleepers
48
freedom of information act 2000 good example
mps expenses scandal 2009
49
freedom of information act 2000 negative
5 vetoes for being not in public interest
Tony Blair described himself as naive as ministers cannot effectively work in fear of discussing the wrong things
50
wright reforms 2010
11 members
chairperson elected by alternative vote
backbench business committee
e petition system
51
Recall of MPs just right
Promotes better behavior from MPs , holding them accountable for wrong doing e.g Scott benson
52
Recall of MPs needs further reform
Recall of MPs act 2015 gives limited reason for suspension and can be manipulated e.g could suspend a mp for less than 21 days
53
Electoral reform too far
Regional elections low turnout average 15%
54
Electoral reform far enough
Lib Dem 2024 11%seat , 12%vote
55
Electoral reform not far enough
Lack of Pr benefits major parties such as labour who won 63% seats (supermajority ) on 34% vote
56
Referendums too far
Lack of education - farage said after he shouldn’t have promised 350 million to nhs a week if left EU
57
Referendums far enough
Enabled voters too have a direct say on a big constitutional issue with large mandates - 2014 84% turnout
58
Referendums not far enough
Government still have the power - labour failed to call one for Lisbon treaty , decide the standard for a win 1979 needed 40% only git 33% ,question asked 1997 tax powers
59
Human rights activists reform too far
Badenoch calls for leaving ECHR as it prevents gov deporting illegal immigrants potentially creating danger for uk
60
Human rights activists far enough
Prohibits unjust law making - Supreme Court ruled 2023 Rwanda policy wasn’t compatible
61
Human rights activists not far enough
Parliament cannot bind its successor and gov can get around infringement seen as Rwanda act later passed in 2024
62
Freedom of info reform too far
Blair thought act risked ending frank discussions , Parliament made less effective
63
Freedom of info reform just right
Improving transparency-MPs expenses scandal enabled public money to be spent appropriately
64
Freedom of info not far enough
Gov can deny request deemed to undermine gov
65
Lords reform just right
Much more able to legitimately scrutinise - 1999 only 92 hereditary peers to ensure lack of nepotism
66
Lords reform nit far enough
House is unelected with no public accountability at elections and constituents , 26 lords spiritual and pm appoints peers
67
Judicial reform too far
Removal of lord chancellor removed representation of judiciary
68
Judicial reform just right
Independent judiciary note willing to check pm (miller 2020), reducing elective dictatorship
69
Judicial reform not far enough
Jahar ahmad v treasury - cannot strike down acts only can issue declaration of incompatibility due to parliamentary supremacy
70
Codified constitutions clearly establish confines of governmental power evidence
Referendums have no legal status - miller 2020 where separation of powers between excecutive and legislative where questioned in relation to Brexit 2016
71
Codified constitutions clearly establish confines of governmental power analysis
Problematic as constitutional rights are based on convention with referendums at disposal of government who may choose to validate or undermine , expanding control and power at expense of people.insability in political realm
72
Codified constitutions are rigid evidence
Uncodified is easily amended with an act of statute - eu withdrawal act passed with a simple majority 2018 and Johnson’s trade deal in 2020. Fixed term parliament 2011 repealed by 2022 dissalution and calling of parliaments
73
Codified constitutions are rigid analysis
Easily kept up to date as codified become outdated . Parliamentary sovereignty due to ever changing landscape to make changes with things that don’t work.destabilise parliament if they had to make a constitution every time
74
The uk constitution fails to detail position of devolved bodies evidence
Asymmetry - Scotland has devo max whilst England doesn’t even have a regional parliament , parliament has shown devolved powers to be inferior such as blocking holyroods Scottish gender recognition bill
75
The uk constitution fails to detail position of devolved bodies analysis
Proves they are still constrained by parliament and lack autonomy in own policy aswell as the irregularity of powers potentially causing divisions among the union
76
Codification results in decisive questions such as devolution evidence
Scottish independence is still a live issue after 45% voted for Scottish independence in the Indy ref 2014 and the rise of the snp that followed showing issue is nit ready to be finalised , different regions want differing powers - Ireland is for political peace
77
Codification results in decisive questions such as devolution analysis
Pushing for decisive de ions to be made exacerbates issues and deepens the divide between union and nationalists creating more problems it would resolve
78
Codifying constitution would protect fundamental rights limiting government from breaching it evidence
Human rights have been breached such as in Ahmad v treasury 2010 as the suspected terrorists had their assests frozen before being charged
79
Codifying constitution would protect fundamental rights limiting government from breaching it analysis
Lack of entrenchment and codification allows for sovereign parliaments to infringe on rights as easy as passing an act in parliament as parliaments responded by creating an act reducing the rights of suspects
80
Uncodified constitutions allow for rights to be updated more frequently evidence
Blair codify ECHR into HRA giving citizens more knowledge and equality act 2010 , adequate protection of rights and rights based culture
81
Uncodified constitutions allow for rights to be updated more frequently analysis
Codified constitutions undermine elected parliaments power and could cause greater risk than in absence as it would be difficult to expand rights and vagueness could result in wrongful interpretation with bias from unelected figures
82
Codification would allow neutral Supreme Court justices to inerpret law evidence
Security of tenure and independent scutiny to gov - SCOTUK found against Johnson in Miller when he illlegally prolonged parliament aswell as ion Ahmed v treasury
83
Codification would allow neutral Supreme Court justices to inerpret law analysis
Judges aren’t political so could interpret as arbitrators against elected dictatorship and give more discretion to protect rights
84
What act limited Supreme Court powers
Judicial Review and Courts Act 2022
85
Codified constitutions give too much power to judges who are unelected and nit socially represntituve evidence
Lady Hale argued judges are currently free from external pressure , Supreme Court has no ethnic minority representation and average age is 66
86
Codified constitutions give too much power to judges who are unelected and nit socially represntituve analysis
Judges have limited personal experiences . Would be elected on philosophy rather than merit , interpretation would be constrained to bias . Cannot be held to account the same ways MPs can as elected individuals
