Constitution Flashcards
Functions of a constitution [7]
Establish distribution of power
Establish relationships between political institutions and individuals
Define and establish limits of government power
Specify rights of individual citizens and how they’re protected
Define nature of citizenship and how to obtain it
Establish territory under jurisdiction of government
Establish and describe process of amending constitution
Features of a codified constitution [5]
Written in a single document - single source
Constitutional law superior to all other law
Special arrangements exist to modify the constitution
Normally made during time of political change
Laws are entrenched
Features of an uncodified constitution [5]
Not written in a single document - has many sources
Constitutional law not superior to other law
Amending constitution has same process as normal law
Evolved over time and is flexible
Laws not entrenched
Meaning of sovereignty [4]
Ultimate power within a political system
Ultimate source of political power
Legal sovereignty - who has power to make laws theoretically
Political sovereignty - where power is located in reality
Differences between unitary and federal constitutions [2]
Unitary - legal sovereignty in one place.
Federal - distributed between central and regional bodies
Unitary - where powers aren’t assigned, they fall to the body with legal sovereignty
Federal - fall to regional institutions
6 sources of UK Constitution
Statute law Common law EU treaties Conventions Authoritative works Tradition
Example of statute law
1998 HRA
1998 Scotland Act
2017 European Union Act
Example of EU treaty
Lisbon 2007
Maastricht 1992
Example of Authoritative works
AV Dicey
O Donnell Cabinet
Example of convention
Salisbury convention
Collective cabinet responsibility
Example of common law
Prerogative rights
Main features of UK Constitution [6]
Uncodified - flexible Constitutional law not superior Parliament is sovereign Constitutional monarch as head of state Lack of separation of powers Unitary
Which administrations have quasi sovereignty?
Devolved assemblies
Who is sovereign at elections
The people
How has sovereignty changed since 1997? [5]
Transferred to devolved assemblies
Transferred to the EU
Increased use of referendums
Executive power and therefore sovereignty has increased
ECHR transferred sovereignty over civil liberties
Impact of the EU on UK Constitution? [7]
EU law superior to UK law
If there is conflict, EU law wins
UK courts must enforce EU law
Appeals first go to senior British courts, but can go further to ECJ
Sovereignty surrendered to EU over ares under its jurisdiction
Areas under EU jurisdiction are fishing, agriculture, trade
Sovereignty not lost permanently as the UK could leave the EU
What is pooled sovereignty?
The term used to describe how legal sovereignty in the EU is shared amongst all its members
Arguments in favour of codification [5]
Clarity Limits government Safeguards the constitution Rights Strong judiciability
Arguments against codification [5]
Flexibility Strong government Accountability Popular control Weak judiciability
Reforms under labour 1997 [7]
Devolution Elected mayors Human Rights Act Freedom of Infromation Act House of Lords reform Electoral reform Judicial reform
Why did Labour reform the constitution? [4]
Modernisation
Electoral advantage
Democratisation
Anti-Conservatism
Coalition constitutional proposals [5]
Electoral reform House of Lords reform Fixed term parliaments British bill of rights MP recall
Key Constitutional changes [7]
Government decentralised Rights better protected House of Lords now more effective Electoral systems more proportionate Judiciary more independent Fixed term parliaments make it fairer MP recall option makes them more accountable
Failed reforms and criticisms of constitutional reform [7]
UK weaker as a result of devolution
HRA causes conflict between judges and government
Parliamentary sovereignty means rights aren’t protected
Electoral reform failed
HoL still undemocratic
UK still needs a codified constitution
Executive too strong, parliament too weak
Strengths of UK constitution [5]
Flexible
Provides strong decisive governments
Parliamentary sovereignty makes government accountable
Unitary nature maintains national unity
Independent judiciary ensures law is maintained
Weaknesses of UK Constitution [7]
Too flexible
Government has too much power
Allows undemocratic institutions to exist
Electoral system is unrepresentative
Power too centralised
Individual rights not protected due to parliamentary sovereignty
Citizens find it hard to understand
Where does sovereignty lie in the UK? [4]
Parliament - legal sovereignty
Government sovereign as it has the mandate to implement manifesto
Referendums aren’t binding - generally are sovereign though
EU has legal sovereignty in areas under jurisdiction
How many votes did Ed Balls lose by in Morley and Outwood in 2015?
424
What % of votes did UKIP get in 2015 and how many seats did this transfer to?
12.7% 4 million votes
1 seat
What are the 3 types of devolution?
Administrative - allocation of public funds
Financial - ability to raise taxes
Legislative - ability to make primary legislation
What is the Scottish parliaments power related to income tax?
Can increase/reduce the level imposed on by Westminister by 3%
What is the role of the Scottish Government? [6]
Formulate policy and draft legislation
Negotiate with Westminster for funds
Implement policies of the Scottish Parliament
Liaise with Westminster when powers overlap eg. Law enforcement
Negotiate with the EU when necessary
Organise and oversee public provisions (NHS)
Powers of the Welsh Government [4]
Allocate funds provided by Westminster
Negotiate with the Welsh Office for those funds
Negotiate appropriate legislation with the Welsh office
Represent the interests of Wales with the EU
Who restored the London Assembly/Mayor and why?
Labour government in 2000, following Thatchers abolition of it in 1985
What powers does the London mayor have?
Allocate funds for various uses and influence key decisions made by the Greater London Assembly (25 members)
