constitution Flashcards
sovereignty
Ultimate political power which cannot be taken away by another body.
entrenched
A constitution that cannot be changed without a special procedure – e.g. a 2/3 vote of Parliament.
common law
Rulings by judges when the law is unclear – they carry the force of law.
Example: The rule that people are “innocent until proven guilty” comes from common law, established over time by judges in courts, not written down in a single law.
federal
A system where sovereignty is shared between different levels of government.
electoral dictatorship
Where a government is elected but can get away with doing almost anything, due to its large majority and lack of limitations.
uncodified
A constitution which, whether written or not, is spread across a variety of documents and sources.
devolution
The distribution of power (but not sovereignty) to lower levels of government
party written
A constitution that is a mix of written and unwritten sources.
parliamentary government
A system where the executive (government) is chosen indirectly by the legislature, not directly elected by the people.
un-entrenched
A constitution that has no special procedure for changing it – it can be changed like any other law.
unitary
A system where all sovereignty lies in one central place (e.g. Parliament)
authoritative works
Books or essays by constitutional experts, used as a guide to constitutional practice – they do not carry the force of law.
constitution
A document laying out the relationship between the government and the governed, and defining where sovereignty lies within a political system.
codified
A constitution all gathered in a single document (like the US constitution)
conventions
Traditions that are used as a basis for constitutional practice – they do not carry the force of law.
Example: In the UK, it’s a convention that the Prime Minister is the leader of the party that has the most seats in Parliament, even though it’s not written in law.
written
A constitution that is solely contained in written material.
presidential government
A system where the executive (government) is chosen directly, by vote of the people.
statue law
Laws passed by Parliament.
Example: In the UK, laws like the “Human Rights Act 1998” are examples of statute laws because they were passed by Parliament and are written down as official laws.
unwritten
A constitution entirely based on oral tradition and convention, not written.
treaties
International agreements, and rules passed under these agreements. They are usually ratified (approved) by Parliament.
Example: The Treaty of Rome, which established the European Economic Community (EEC), was a treaty between European countries and forms the basis for many laws that govern the European Union (EU). EU law, like rules on trade or human rights, often takes precedence over national law in EU member countries.
de facto
latin for in reality
de jure
legally
significance of 1215 for the british constitution
The Magna Carta (Great Charter) was signed by King John of England in 1215, and it is considered one of the foundational documents in British constitutional history. It limited the power of the monarchy and established the principle that everyone, including the king, was subject to the law. It also introduced important rights, like protection from unlawful imprisonment (habeas corpus) and the idea that taxes could not be levied without the consent of the realm.
significance of 1689 for the british constitution
The Bill of Rights 1689 was passed after the Glorious Revolution, which saw William of Orange take the throne from King James II. This document set out key constitutional principles, including the supremacy of Parliament over the monarchy. It guaranteed certain individual rights, such as freedom from cruel and unusual punishment and freedom of speech in Parliament. It also affirmed that the monarch could not suspend or create laws without Parliament’s consent, marking a significant step toward the modern parliamentary system in the UK.
significance of 1701 for the british constitution
The Act of Settlement 1701 was passed to secure the Protestant succession to the English throne, ensuring that only Protestants could inherit the throne of England. It also limited the power of the monarch in certain respects, such as preventing the king from changing the law without Parliament’s consent and guaranteeing the independence of judges. The Act remains an important part of the UK constitution, as it continues to affect the royal line of succession.
significance of 1707 for the british constitution
The Act of Union 1707 unified the Kingdom of England and the Kingdom of Scotland to create the Kingdom of Great Britain. It established a single Parliament for the united kingdom, located in Westminster. This was a key moment in the evolution of the British state, as it marked the formal political and legal integration of Scotland into the union. The Act of Union 1707 remains relevant because it set the stage for the political structure of the UK as we know it today.
significance of 1911 and 1949 for the british constitution
The Parliament Acts 1911 and 1949 significantly reduced the powers of the House of Lords, the upper house of Parliament.
The Parliament Act 1911 restricted the Lords’ ability to block legislation, allowing them only to delay bills for up to two years. It also reduced the number of times the Lords could reject financial bills.
The Parliament Act 1949 further reduced the Lords’ powers by shortening the delay period from two years to one year. These Acts are important in shifting power toward the elected House of Commons and reinforcing the supremacy of the House of Commons in the UK’s parliamentary democracy.
significance of 1973 for the british constitution
In 1973, the United Kingdom joined the European Economic Community (EEC), the precursor to the European Union (EU). This was a significant moment in the UK’s constitutional history, as it meant that European law would have an impact on UK law. EU law took precedence over domestic law in certain areas, and the UK became part of the broader European political and economic system. This membership affected the UK’s sovereignty and its legal system for decades until Brexit.
significance of 2016 for the british constitution
The Brexit referendum held on June 23, 2016, marked a turning point in the UK’s relationship with the European Union. In the referendum, 51.9% of voters chose to leave the EU, a decision that led to the process known as Brexit. This decision significantly altered the UK’s constitutional framework, as it involved the repatriation of powers that were previously shared with the EU, and it initiated a major shift in both legal and political terms. Brexit changed the way the UK governs itself and marked the return of some elements of national sovereignty that were previously influenced by EU law.
themes of constitutional development
- no single dramatic change or codification of the constitution: the UK constitution has evolved over 1000 years with occasional exceptions where reform has been quicker (end of 17th and 20th centuries)
- a slow transfer of power away from a central monarchy towards Parliament, especially the House of Commons;
a steady increase in the rights of citizens.
Additional note: there are potentially serious constitutional crises of some kind two or three times a century, but these have not led to armed conflict since the early 18th century (unlike many countries with written constitutions). Thus, arguably, the constitution can be said to have ‘worked’, better than in many countries with written constitutions.
works of authority
Books or writings by experts that explain and guide the interpretation of the law or constitution. These do not have legal power like laws do but are respected as authoritative.
Example: “Commentaries on the Laws of England” by Sir William Blackstone is a work of authority in the UK. It doesn’t make law, but it helps guide legal decisions and practices.
