Constitution Flashcards
How is sovereignty shifting towards the people?
Increasing instances of referenda
Where is sovereignty constantly shifting between within the UK?
Parliament and Government
Where is sovereignty constantly shifting between outside the UK?
UK and EU
When idd the UK join the EU?
1973
What must UK courts enforce from the EU?
EU law
What courts are superior to Uk courts?
Eu courts
How is the legal sovereignty in the EU shared between its members?
Pooled sovereignty
Give some examples of areas of pooled sovereignty
Consumer law, employment, law, agriculture
Where are first appeals on EU law held?
Uk courts
Where are final appeals held on EU law?
European court of Justice
Why has Parl. Sov. not been permanently lost to the EU?
Because it can be taken back by leaving the EU
Within the UK, what institutions has sovereignty shifted to?
Devolved institutions
How has there been an effective transfer of sovereignty over civil liberties/
ECHR
What has happened to the power of the executive?
Grown
What does the growing power of the executive mean for sovereignty?
More concentrated
When are the people sovereign?
Whenever there is an election
Why do devolved institution shave quasi sovereignty?
Even thought they are not technically sovereign it is unlikely their power will evener be returned to Westminster.
Why are referendums not technically an erosion of sovereignty?
Not legally binding
Why are referendums an erosion of sovereignty in practice?
Because the government cannot be seen to be going against the will of the people
What are the seven strengths of the UK’s constitution?
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
What are the seven weaknesses of the UK’s constitution?
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.
Why can the constitution being flexible be a bad thing?
Can be amended by a temporary government seeking only to serve its own purpose
Why can the UK’s constitution not protect individual’s rights very well?
Parliament not subject to constitutional control
What is bad about power being centralised through the constitution?
Threatens democracy
What are the 5 strengths of a codified constitution?
1) Safe-guarding
2) Rights
3) Strong Judicability
4) limiting government
5) Clarity
What are the 5 strengths of an uncodified constitution?
1) Weak Judiciary
2) Popular Control
3) Accountability
4) Strong Government
5) Flexibility and evolution
Why is clarity a strength of a codified constitution?
Citizens know how power is distributed
Why is limiting government a strength of a codified constitution?
Prevents a drift of power towards an ever more powerful government
Why is a strong judiciary a strength of a codified constitution?
Constitution can be effectively protected by senior judges
Why are rights a strength of a codified constitution?
By clearly stating individual rights it stops the government abusing those rights
Why is safe-guarding a strength of a codified constitution?
Stops government amending it for their own short term benefit
Why is accountability a strength of an uncodified constitution?
Government cannot hide behind an uncodified constitution to justify inactivity so they become more accountable.
Why is a weak judiciary a strength of an uncodified constitution?
There is less control placed in the hands of unelected judges
Why is popular control a strength of an uncodified constitution?
In practice uncodified constitutions can only be changed if the people want
Why is flexibility a strength of an uncodified constitution?
The constitution can easily change to adapt to new needs
Why is strong government a strength of an uncodified constitution?
A codified constitution may limit government too much rendering them useless and effectively paralysed.
