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Politics B > Constitution > Flashcards

Constitution Flashcards

1
Q

Functions of a constitution [7]

A

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

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2
Q

Features of a codified constitution [5]

A

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

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3
Q

Features of an uncodified constitution [5]

A

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

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4
Q

Meaning of sovereignty [4]

A

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

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5
Q

Differences between unitary and federal constitutions [2]

A

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

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6
Q

6 sources of UK Constitution

A 
Statute law
Common law
EU treaties
Conventions
Authoritative works
Tradition
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7
Q

Example of statute law

A

1998 HRA
1998 Scotland Act
2017 European Union Act

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8
Q

Example of EU treaty

A

Lisbon 2007

Maastricht 1992

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9
Q

Example of Authoritative works

A

AV Dicey

O Donnell Cabinet

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10
Q

Example of convention

A

Salisbury convention

Collective cabinet responsibility

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11
Q

Example of common law

A

Prerogative rights

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12
Q

Main features of UK Constitution [6]

A 
Uncodified - flexible
Constitutional law not superior
Parliament is sovereign
Constitutional monarch as head of state
Lack of separation of powers
Unitary
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13
Q

Which administrations have quasi sovereignty?

A

Devolved assemblies

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14
Q

Who is sovereign at elections

A

The people

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15
Q

How has sovereignty changed since 1997? [5]

A

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

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16
Q

Impact of the EU on UK Constitution? [7]

A

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

17
Q

What is pooled sovereignty?

A

The term used to describe how legal sovereignty in the EU is shared amongst all its members

18
Q

Arguments in favour of codification [5]

A 
Clarity
Limits government 
Safeguards the constitution
Rights
Strong judiciability
19
Q

Arguments against codification [5]

A 
Flexibility
Strong government
Accountability
Popular control
Weak judiciability
20
Q

Reforms under labour 1997 [7]

A 
Devolution
Elected mayors
Human Rights Act
Freedom of Infromation Act
House of Lords reform
Electoral reform
Judicial reform
21
Q

Why did Labour reform the constitution? [4]

A

Modernisation
Electoral advantage
Democratisation
Anti-Conservatism

22
Q

Coalition constitutional proposals [5]

A 
Electoral reform
House of Lords reform
Fixed term parliaments
British bill of rights
MP recall
23
Q

Key Constitutional changes [7]

A 
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
24
Q

Failed reforms and criticisms of constitutional reform [7]

A

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

25
Q

Strengths of UK constitution [5]

A

Flexible
Provides strong decisive governments
Parliamentary sovereignty makes government accountable
Unitary nature maintains national unity
Independent judiciary ensures law is maintained

26
Q

Weaknesses of UK Constitution [7]

A

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

27
Q

Where does sovereignty lie in the UK? [4]

A

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

28
Q

How many votes did Ed Balls lose by in Morley and Outwood in 2015?

A

424

29
Q

What % of votes did UKIP get in 2015 and how many seats did this transfer to?

A

12.7% 4 million votes

1 seat

30
Q

What are the 3 types of devolution?

A

Administrative - allocation of public funds
Financial - ability to raise taxes
Legislative - ability to make primary legislation

31
Q

What is the Scottish parliaments power related to income tax?

A

Can increase/reduce the level imposed on by Westminister by 3%

32
Q

What is the role of the Scottish Government? [6]

A

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)

33
Q

Powers of the Welsh Government [4]

A

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

34
Q

Who restored the London Assembly/Mayor and why?

A

Labour government in 2000, following Thatchers abolition of it in 1985

35
Q

What powers does the London mayor have?

A

Allocate funds for various uses and influence key decisions made by the Greater London Assembly (25 members)

Politics B (4 decks)

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