constitution Flashcards
what does the mnemonic TRAIL stand for
t-territory
r-rights
a-amend
i-institutions
l-layers
what does layers refer to?
the constitution sets out how power is distributed within the state
what does institutions refer to?
constitutions establish where power lies within each level of government
what does rights refer to
the constitution sets out rights
what does territory refer to?
constitutions define the territory the constitution covers
what does amend refer to?
constitution sets out how they are to be amended in the UK
what is devolution
devolution is the transfer by the center of powers to subordinate authorities
when did GB take over the whole island of Ireland?
1801
what are the three U features of the UK constitution
- uncodified
- unentrenched
- unitary
what does uncodified mean?
not contained in a single written document
what does unentrenched mean?
there is no special procedure for amendment of the constitution, meaning it does not have a status superior to other laws
what does unitary mean?
political power is centered in one place and all regional and local political bodies are subordinate to it
constitution
set of rules setting out powers and structure of governments and citizen’s rights
federal government
the powers of layers of government, such as regional and national are set out in the constitution
rule of law
the UK constitution is based on the law and everyone is bound by the law equally
statute
another name for Act of Parliament
what are the five sources of the constitution
- statue law
- conventions
- authoritative works
- common law
- treaties
what happened in 1215
Magna Carta- establishes nobles have some powers in relation to King John
what happened in 1642-1649?
Civil War- won by Parliamentarian side against royalists
what happened in 1689
Bill of Rights- monarchs are restored 1660 but Parliament still find they attempt to keep too much power and forces new monarchs to sign Bill of Rights stating Parliament sovereign and from now on the monarchy stays within the constitution
what happened in 1832?
Reform Act- the first of many extending the franchise
Parliament Acts of 1911 and 1949
curb the power of the HoL which until the late 19th century was the dominant chamber in parliament
why did New Labour introduce many constitutional reforms? (5 things)
- ensure support
- distinguish between New Labour and Old Labour
- democratise
- give more rights
- decentralise
what is the ECHR?
- organised by council of Europe post war signed by UK. A European Court of Human Rights in Strasbourg enforces it. It contains classic human rights like free speech similar to US Bill of Rights. Until 2005 CRA UK had not incorporated it into UK law. Conservative party keeps threatening to withdraw from it because it frustrates their immigration reforms. Some would replace it with British Bill of Rights
