Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Politics > Constitution > Flashcards

Constitution Flashcards

1
Q

what is a constitution

A

a body of rules that defines the manner in which a state or society is organised
a constitution establishes the relationship between the state and its citizens and between the various institutions that constitute the state
a legal framework underpinning the workings of a political system: it is the book of rules as to how the system operates
it is an authoritative document or source and is the highest law of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

forms of constitution

A

a single document codifying all the powers, functions, duties and responsibilities of government and the rights of citizens, detailing the institutions of government and defining their powers, functions and relationships between them (USA)
or
collection of documents and unwritten conventions as and uncodified constitution (UK)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Purpose of a constitution

A

distribute power within a political system
define the limits of government
define rights of citizens
limits of government interference with
define citizenship
define functions, duties, responsibilities and relationships between different branches of government
define the sovereign territory governed by a constitution
relationship between government and external bodies (EU)
how the constitution must be amended

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Parliamentary sovereignty

A

the central constitutional doctrine that holds that parliament is the supreme law-making body within the UK system of government
parliament is the ultimate law making body. so parliament can change any law they want to

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Typical features of a constitution

A

found in a single authoritative document and is therefore codified
entrenchment
superiority of constitutional law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

uncodified

A

where the rules that govern the relationship between the state and its citizens, and between its various institutions that comprise the state, are not set out in a single authoritative document
simply not written down in a single document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

entrenched

A

where laws or constitutional provisions are afforded greater protection from arbitrary change that regular statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

codified

A

a single authoritative document setting out the rules that govern the relationship between the state and its citizens and between the constituent parts of the state.
single authoritative document simply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

why is entrenchment made difficult under the uk system

A

parliamentary sovereignty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

sources of the british constitution brief

A 
constitutional statutes
books of authority
conventions
common law / case law
treaties
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

constitutional statutes

A

acts of parliament of constitutional significance
highest source of uk law
not entrenched as could still be overruled by a majority in the house of commons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

examples of constitutional statutes

A

the Human rights act 1998
Parliament acts 1911, 1949, 1999 (house of lords, last one removes all but 92 hereditary peers)
Representation of the People acts (lots of tem, last one was 1967 giving 18 year olds the vote)
Fixed term parliament act 2011 setting the dates for the next election

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Books of authority

A

classic works explaining aspects of the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

examples of books of authority

A

Bagehot’s The English Constitution
Dicey’s Introduction to the Law of the Constitution
Erskine May Treatise on the Law, privileges, proceedings and usage of parliament (NOW IN ITS 24TH EDITION)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Common law / case law

A

the body of legal precedent derived from judges rulings in the courts
precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

examples of common law

A

royal prerogative: formal powers of the crown which encompass many of the powers of the PM and the executive
Traditional rights and freedoms: until the Human rights act 1998 the courts recognised ‘residual’ rights that rested on the common law assumption that ‘everything is permitted if it is not prohibited’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

conventions

A

accepted principles or rules of behaviour based on custom, practice and tradition rather than on law. They are non-legal rules which are upheld by a sense of what is proper, workable and correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

examples of convention

A

Collective cabinet responsibility
Individual ministerial responsibility
Salisbury convention
parliamentary sovereignty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

treaties

A

EU law has higher status over uk law
but grey areas as uk= not codified constitution and the Eu failed to ratify its own constitution in 2005 (but much is under the Lisbon treaty)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

examples of treaties

A

Treaty of Rome 1957 - founding treaty
single European act 1986 - established a single market within the EC
treaty on European Union 1993 - political union of the EU, the euro and the social charter
treaty of Lisbon 2009 - modified version of the proposed constitutional treaty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Difference between unconstitutional and anti-constitutional

A

unconstitutional acts break the constitution but are not actually illegal whereas anti-constitutional acts break the law (often in a violent way) and is targeted at the country

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

examples of unconstitutional action

A

parliament trying to extend its life beyond 5 years
government refusing to resign after losing a vote of no confidence
crown refusing to sign an act of parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

examples of anti-constitutional action

A

activities of terrorists in NI
tube bombings 2005
illegal strikes attempting to undermine the government
use of lawful force and coercion to achieve a specific objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Is it possible for the government to act unconstitutionally

A

technically no as parliament is sovereign
therefor government can never act unconstitutionally as long as it gets the approval of parliament
but if government
-goes beyond the powers granted to it by parliament
-breaches human rights
-breaks EU law
-breaks an established constitutional convention (eg; HofL breaking Salisbury convention about always passing manifesto promises? working tax credits
then it has acted unconstitutionally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

11 features of the uk constitution unexplained

A 
parliamentary sovereignty
fusion of powers
unitary state
constitutional monarchy
prerogative powers
rule of law
convention, custom and precedent
evolutionary
rooted in tradition
lack of entrenchment
fluid and flexible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

fusion of powers

A

legislative and executive are not separated although judiciary is independent
government is drawn from parliament and thus government usually dominates parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

unitary nature

A

power is concentrated in central government; power may be delegated elsewhere but ultimate political authority resides at the centre

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

constitutional monarchy

A

monarchy is the head of the state, but its powers are limited by parliament; monarch not expected to play important role in the affairs of government

29
Q

royal prerogative

A

constitutional powers resting with the monarch but exercised in practice by the Prime minister

30
Q

rule of law

A

all are equal under the law and government must respect the laws when making decisions and taking action

31
Q

convention, custom and precedent

A

these are unwritten but understood in the way the constitution ‘works’

32
Q

constitutionalism

A

the principle that those who hold political office must operate according to the rules established in a constitution
government is being conducted within recgonised constitutional principles
system of unwritten conventions still do provide an entrenched framework within which government works
government respects parliamentary sovereignty and respects it is accountable to parliament
thus parliament has ultimate authority

33
Q

uk does feature constitutional government

A

government respects parliamentary sovereignty
unwritten conventions are largely respect
ministers usually act within their legal powers
common law rights and eu convention are likely to be upheld in most cases

34
Q

uk does NOT feature constitutional government

A

no codified constitution
rights are not fully entrenched eg dc wants to abolish human rights act 1998 in replace of british bill of rights
prerogative powers of PM and Ministers are not limited by law or parliament
monarch in theory still retains arbitrary power (but was last used in 1707)

35
Q

Constitutional reform under the labour government introduction

A

1997-2010
blair 1997-2007
brown 2007-2010
march 1997 reforms agreed between lib dems and labour whilst jointly in opposition
Paddy Ashdown - lib dem member on the joint cabinet committee set up by labour to implement constitutional reforms that both parties wanted

36
Q

devolution national under the labour government

A

1997 referendum approved Scottish Parliament
1997 referendum approved welsh assembly
1998 referendum following good Friday agreement approved NI assembly
1999 elections took place and the three devolved institutions opened

37
Q

devolution regional under the labour government

A

november 2004 regional assemblies in England abandoned after no vote in north east devolution
West Lothian Question remained unresolved (MP for west Lothian - tam dalyell labour opposed devolution as Scotland has says on English laws but not vice-versa
1998 referendum approved GLA and London major and introduced 2000
English cities were given the chance to elect their own majors but only 12 chose to do so
Richard Commission report 2004
Government of Wales Act 2006 = opened the way for more powers to be devolved to the welsh assembly

38
Q

devolution under the labour government conclusion

A

devolved assemblies were established by 2010

but policies to introduce regional assemblies in England failed and elected majors in English cities also failed

39
Q

3 other constitutional reforms labour government (apart from devolution)

A

Human Rights Act
House of Lords Reform
Freedom of Information Act

40
Q

Human Rights Act under the labour government

A

1998 HRA incorporated the European declaration of human rights into uk law
was drawn up after the holocaust
alleged breaches of human rights could now be challenged in Britain and the European court of human rights

41
Q

labours record on human rights

A

following 9/11
- prevention of terrorism acts 2005 & 2006
- criminal justice act 2003
- serious organised crime and police act 2005
poor?

42
Q

House of lords reform under the labour government

A

1999 House of Lords act removed all but 92 hereditary peers (intended as a first stage)
later attempts to remove all hereditary peers and introduce at least a small elected element failed
October 2014: ed Miliband pledged he would replace the house of lords with an elected senate if he won the GE
the current system ‘fails to represent large parts of the UK’
Senators would be elected from Scotland, England, wales and NI, not constituencies like MPs

43
Q

Freedom of information act under the labour government

A

passed into law 2000 and in force since 2005
foi created a public right of access to information held by public authorities
exceptions, notably relating to national security
criticised at the time because there was too broad a ‘national security’ loophole
Eg; MPs expenses claim was uncovered by telegraph journalists causing major scandal 2009

44
Q

Constitutional reform under the coalition government introduction

A

coalition formed may 2010 and claimed to be ‘working to reform our political and constitutional system to help restore people’s faith in politics and politicians

45
Q

6 brief coalition achieved constitutional reform

A 
fixed term parliament act
royal succession
individual voter registration
devolution
recall of mps
parliamentary privilege
46
Q

5 brief coalition failed constitutional reform

A 
electoral reform
house of lords reform
reduce the size of the house of commons
reform party funding
human rights act
47
Q

fixed term parliament act

A

part of the coalition agreement passed 2010, into affect 2011
introduced fixed term parliaments of 5 years
PMs no longer had the power to call a general election
could easily be changed by the next parliament if clear majority but would make the government very unpopular

48
Q

royal succession

A

commonwealth heads of government meeting in perth October 2011
announced government were going to change royal succession
agreed with all 15 other commonwealth countries
government received final consent December 2012
bill introduced to the commons January 2013
Succession to the crown act
end the system of male > female
removed roman catholic marriage prevention
replace royal marriages act 1772 so only first 6 in line o the throne needed consent from the throne to marry

49
Q

Individual voter registration

A

replaced the household electoral registration system in 2015
each person in the household now had to individually register
Electoral Registration and Administration Act 2013
trivial or big step against fraud

50
Q

devolution under the coalition not including Scottish pre referendum stuff

A

November 2013 announced more powers to welsh assembly
-borrow more money to develop M4
-stamp duty under welsh control
-wales and Scotland (Scotland never used this power) to set a portion of income tax
-extend elections to every 5 years
merely sensible increases, no major shake up

51
Q

Scottish devolution under the coalition

A

referendum 18th September 2014
all three main parties agreed to bring forward proposals to increase powers to Scotland
Smith commission set up after no vote win
concessions were forced by SNP and more talk, l;ittle substance so far..

52
Q

recall of mps intro/proposals

A

power to recall means an MP who is found guilty of serious wrongdoing could be forced to stand down and face a by-election
after MPs expenses scandal, couldn’t kick out MPs.
could only recall mps where they were sent to prison for over a year or if hofc decides MPs behaviour justifies it
proposal = 10% of mps constituents sign petition calling for a by-election

53
Q

recall of mps opposition and support in parliament

A

the political and constitutional reform committee led a review into the draft bill and in june 2012 raised doubts saying it would be hard to implement
too easy to recall mps then minorities can force by election (only 105 is very small)
Zac Goldsmith= strong defender of recall

54
Q

recall of mps act

A

March 2015
recall petition to be triggered if a member is sentenced to a prison term or is suspended from the hofc for at least 21 days sitting
petition would then be open for 8 weeks
if 10% eligible voters signed then by-election but MP would be allowed to stand
also rules surrounding the petition (spending limits)

55
Q

Chris Huyme

A 
only an MEP
2002 caught speeding
gave points to his wife
2007 left wife
wife tells newspapers
2012 charged and only then stepped down
both sentenced to 6 months jail
56
Q

parliamentary privilege

A

april 2012 government published green paper
joint committee of both houses are reviewing the green paper
aim to ensure MPs accused of series wrongdoing cannot use parliamentary privilege to avoid criminal prosecution
in process..

57
Q

electoral reform

A

2011 referendum for AV

FAILED = FPTP here for a long time to come

58
Q

house of lords reform under the coalition

A

both parties pledged in their manifestos to create a mainly elected hofl
lords reform was in coalition agreement
2011 white paper and draft bill, scrutinised by a joint committee of both houses
-endorsed wholly rather than entirely elected
-450 instead of 300
-lords elected for 15 years then no re-election
-semi-open list based on larger regions instead of STV
july 2012 hofc in favour 462 vs 124 second reading
but clear too many conservatives would not support
September clegg abandoned

59
Q

October 2013 …

A

commons political and constitutional reform committee proposed small set of reforms
-expulsion of peers guilty of serious offence
-strengthen voluntary retirement
-not replace hereditary peers
-remove persistent, unauthorised non-attendies
have been taken no further

60
Q

house of commons reform

A

coalition agreement included a pledge to reduce hofc from 600 to 650
key proposal after expenses scandal
make constituencies roughly same size (atm; 40,000-90,000)
would be very disruptive
after conservatives removed support for hofl reform, nick clegg removed lib dem support
hasn’t gone any further

61
Q

reform of party funding

A

mps expenses scandal = concern on large scale donations
cross party talks
state funding like much of Europe?
conservatives > lib dems and labour so went no further
eg; blair and eccelston = no sports allowed to be sponsored by tobacco companies apart from F1

62
Q

Human rights act under coalition

A

difficult for lib dems
had always supported HRA but tory manifesto = british bill of rights
Sir Leigh Lewis review
commission report December 2012 hopelessly split
nothing further done

63
Q

brief strengths of UK constitution

A 
flexibility
democratic rule
effective government
history and tradition
parliamentary sovereignty
mandate for majoritarian government
fusion of powers
64
Q

brief criticisms of uk constitution

A 
uncertainty elective dictatorship, sovereignty in one place
centralization
weak protection of rights
monarchy = unelected, historical relic
government domination of parliament
65
Q

positives of a codified constitution

A 
clear rules
limited government
neutral interpretation
protecting rights
education and citizenship
66
Q

against a codified constitution

A 
rigidity
judicial tyranny
legalistic
political bias
unnecessary
67
Q

differences between codified and uncodified

A 
entrenchment
extent of limits on government power
how to change the constitution
elections (single vs multiple)
head of state
68
Q

differences between federal and unitary constitutions

A 
federal:
sovereignty dispersed
formal separation of power
sovereignty of the constitution
entrenchment
supermajorities needed to change the constitution
multiple elections
codified
rigid
Unitary:
concentrated sovereignty
fusion of powers
parliamentary sovereignty
lack of entrenchment
simple act of parliament to change the constitution
fewer elections
uncodified
sense of flexibility

Politics (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions