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AS Politics > Constitution > Flashcards

Constitution Flashcards

1
Q

How is sovereignty shifting towards the people?

A

Increasing instances of referenda

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2
Q

Where is sovereignty constantly shifting between within the UK?

A

Parliament and Government

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3
Q

Where is sovereignty constantly shifting between outside the UK?

A

UK and EU

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4
Q

When idd the UK join the EU?

A

1973

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5
Q

What must UK courts enforce from the EU?

A

EU law

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6
Q

What courts are superior to Uk courts?

A

Eu courts

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7
Q

How is the legal sovereignty in the EU shared between its members?

A

Pooled sovereignty

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8
Q

Give some examples of areas of pooled sovereignty

A

Consumer law, employment, law, agriculture

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9
Q

Where are first appeals on EU law held?

A

Uk courts

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10
Q

Where are final appeals held on EU law?

A

European court of Justice

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11
Q

Why has Parl. Sov. not been permanently lost to the EU?

A

Because it can be taken back by leaving the EU

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12
Q

Within the UK, what institutions has sovereignty shifted to?

A

Devolved institutions

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13
Q

How has there been an effective transfer of sovereignty over civil liberties/

A

ECHR

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14
Q

What has happened to the power of the executive?

A

Grown

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15
Q

What does the growing power of the executive mean for sovereignty?

A

More concentrated

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16
Q

When are the people sovereign?

A

Whenever there is an election

17
Q

Why do devolved institution shave quasi sovereignty?

A

Even thought they are not technically sovereign it is unlikely their power will evener be returned to Westminster.

18
Q

Why are referendums not technically an erosion of sovereignty?

A

Not legally binding

19
Q

Why are referendums an erosion of sovereignty in practice?

A

Because the government cannot be seen to be going against the will of the people

20
Q

What are the seven strengths of the UK’s constitution?

A

1) Independent judiciary ensures rule of law is maintained
2) Unitary nature helps keep national unity
3) Doctrine of parl. sov. helps keep gov. relatively accountable
4) Stood test of time and part of tradition
5) Suits strong, decisive government with clear mandate
6) Flexible and able to evolve naturally
7) Provides for a collective form of government, as opposed to a presidential system which places too much power int eh hands of an individual

21
Q

What are the seven weaknesses of the UK’s constitution?

A

1) Too flexible
2) No safeguards so government can have too much power
3) The fact it is not codified mean citizens cannot understand
4) Individual rights not well protected
5) Power is too centralised
6) Parliament weak in comparison to strong government
7) Archaic and allows undemocratic institutions such as monarchy and HOL.

22
Q

Why can the constitution being flexible be a bad thing?

A

Can be amended by a temporary government seeking only to serve its own purpose

23
Q

Why can the UK’s constitution not protect individual’s rights very well?

A

Parliament not subject to constitutional control

24
Q

What is bad about power being centralised through the constitution?

A

Threatens democracy

25
Q

What are the 5 strengths of a codified constitution?

A

1) Safe-guarding
2) Rights
3) Strong Judicability
4) limiting government
5) Clarity

26
Q

What are the 5 strengths of an uncodified constitution?

A

1) Weak Judiciary
2) Popular Control
3) Accountability
4) Strong Government
5) Flexibility and evolution

27
Q

Why is clarity a strength of a codified constitution?

A

Citizens know how power is distributed

28
Q

Why is limiting government a strength of a codified constitution?

A

Prevents a drift of power towards an ever more powerful government

29
Q

Why is a strong judiciary a strength of a codified constitution?

A

Constitution can be effectively protected by senior judges

30
Q

Why are rights a strength of a codified constitution?

A

By clearly stating individual rights it stops the government abusing those rights

31
Q

Why is safe-guarding a strength of a codified constitution?

A

Stops government amending it for their own short term benefit

32
Q

Why is accountability a strength of an uncodified constitution?

A

Government cannot hide behind an uncodified constitution to justify inactivity so they become more accountable.

33
Q

Why is a weak judiciary a strength of an uncodified constitution?

A

There is less control placed in the hands of unelected judges

34
Q

Why is popular control a strength of an uncodified constitution?

A

In practice uncodified constitutions can only be changed if the people want

35
Q

Why is flexibility a strength of an uncodified constitution?

A

The constitution can easily change to adapt to new needs

36
Q

Why is strong government a strength of an uncodified constitution?

A

A codified constitution may limit government too much rendering them useless and effectively paralysed.

AS Politics (4 decks)

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