Constitution Flashcards
1
Q
What is a constitution
A
- A system of rules, written and unwritten designed to be basic
- For the operation of the state that creates, regulates, empowers and limits the state
2
Q
What does a constitution do?
A
- Distribute power amongst state agencies
- Deal w conflicts between agencies of state
- Declare rights for individuals
- Define Geographic territory of state
- Elaborate principles and values which state is said to be based e.g. liberty, equality and fraternity
- Define limits on powers of state
- Duties of state officials
- Duties of private citizens
- Enforcement of its provisions
- Provide for entrenchment of its provisions
3
Q
Why a state might want a constitution
A
- Rebuild the country
- For certainty in public affairs
- Demonstrate and declare its independence
- Make constitutional law accessible to public
4
Q
Sources of the UK constitution
A
- Legislation e.g. magna carta (shift of power from monarchy to parliament) Bill of rights (freedom of speech) Constitutional Reform Act 2005 (freedom of judges), Fixed Term Parliament Act 2011 (fix data of elections)
- Common Law i.e. judge made law
- Royal prerogative i.e. executive power exercised by PM
- Conventions or customs e.g. Queen will appoint as PM leader of party
- Writings of authoritative constitutional scholars e.g. Dicey
- International treaties e.g. various EU treaties
5
Q
History of UK Constitution
A
- Norman Conquest of 1066 (made him King)
- Magna Carta 1215 (shift of power)
- English Civil War 1642-1651
- The Glorious Revolution of 1688
- Act of union 1707
- Government of Wales Act 1998, Scotland Act 1998 and Northern Ireland Act 1998
6
Q
The Westminster Model
A
- A hereditary head of state, probably a monarch
- A fused executive and legislature
- A parliament that can be dissolved at any time
- Elected lower chamber of Parliament
- Lower chamber of government which can dismiss government by vote
- An Independent Judiciary
- A politically neutral civil service
