constitution Flashcards

1
Q

codified constitution

A

single authoritative document that sets out laws principles and rules by which a state is governed and which protects the rights of citizens

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2
Q

uncodified constitution

A

laws rules and principles specifying how a state should be governed are not gathered in one single document

instead they are found in a variety of sources

some written - statute law

and some unwritten - convention

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3
Q

statute law

A

law derived from acts of Parliament and subordinate legislation

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4
Q

common law

A

law derived from General customs or traditions and the decisions of judges

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5
Q

conventions

A

established norms of political behaviour rooted in past experience rather than the law

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6
Q

Royal prerogative

A

discretionary powers of the crown that are exercised by government ministers in the Monarchs name

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7
Q

parliamentary sovereignty

A

doctrine that parliament has absolute legal authority within the state

enjoys legislative supremacy

may make law on any matter it chooses

decisions not overturned by any higher authority and it may not bind its successors

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8
Q

rule of law

A

legal theory holding that relationship between the state and individual is governed by law protecting the individual from arbitrary state action

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9
Q

which important documents make up the uk constitution?

A
Magna Carta 1215
Bill of rights 1689
act of settlement 1701
parliament acts 1911/1949
European communities act 1972
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10
Q

5 sources of the U.K. constitution

A
statute law 
common law
conventions 
authoritative works 
EU law and treaties
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11
Q

what is a unitary state

A

one in which sovereignty is located at the centre

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12
Q

name a most recent example of devolution

A

wales act 2017

greater fiscal powers e.g set Welsh rates of income tax from April 2019

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13
Q

name an example of decentralisation

A

directly elected mayor of London - North of Tyne mayor may 2019

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14
Q

name a most recent reform of rights

A

counter terrorism act 2008

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15
Q

name a most recent example of parliament reform

A

fixed term parliaments act 2011 - fixed govt terms at 5 years from 2015

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16
Q

example of judiciary reform

A

CRA 2005

17
Q

what does the CRA 2005 involve

A

new uk Supreme Court
new judicial appt system
changes to role of lord chancellor
creation of new justice dept

18
Q

name 4 principles/natures of the constitution

A

parliamentary sovereignty
rule of law
unitary state
constitutional monarchy

19
Q

what was P U F F stand for

A
parliamentary sovereignty 
uncodified 
unitary 
fusion of powers 
flexible
20
Q

what is the Westminster model?

A

parliament is sovereign
executive and legislature are fused
political power is centralised

21
Q

name three strengths of the U.K. constitution

A

adaptability
strong government
accountability

22
Q

name three weaknesses of the U.K. constitution

A

outdated and undemocratic
concentration of power
lack of clarity

23
Q

which act potentially undermines parliamentary sovereignty?

A

European communities act 1972 - subservient to EU law

24
Q

labour 1997 promised a programme of constitutional reform driven by which 4 interlocking themes?

A

modernisation
democratisation
decentralisation
rights

25
Q

what is the House of Lords act 1999

A

abolished the right of all but 92 hereditary peers to sit and vote in the upper house

26
Q

5 constitutional reform acts under the Tory-lib dem coalition?

A
fixed term parliaments act 2011
Scotland act 2012
protection of freedoms act 2012
House of Lords reform act 2014 
wales act 2014
27
Q

arguments in favour of a codified constitution

A
provide greater clarity 
reduce ambiguities 
protection of rights 
tackle centralisation of power 
local and sub national governments would enjoy protection
28
Q

arguments against a codified constitution

A
remove flexibility and adaptability 
may reflect mood of the time 
rigid not easy to change 
too much power to judges 
politicisation 
incompatible with parliamentary sovereignty
29
Q

who said we are a nation of nations

A

vernon bognador

30
Q

who said there can be no halfway house between parliamentary sovereignty and separatism

A

a v dicey