Constitution and Judiciary Key Terms Flashcards

1
Q

Constitution

A

A body of fundamental principles according to which a state or other organisation is acknowledged to be governed

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2
Q

Federal

A

Having or relating to a system of government in which several states form a unity but remain independent in internal affairs

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3
Q

Unitary

A

A sovereign state governed as a single entity. The central government is supreme, and the administrative division exercise only powers that the central government has delegated to them

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4
Q

Rigid Constituion

A

A Constitution in which laws, civil rights and responsibilities are very different to change.

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5
Q

Flexible Constitution

A

A Constitution in which laws, civil rights and responsibilities can change to meet the needs of the country

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6
Q

Bill of Rights

A

A formal declaration of the legal and civil rights of the citizens of any state/country/federation etc.

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7
Q

Codified constitution

A

A constitution written in one single document, often following a civil war or revolution

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8
Q

Uncodified constitution

A

A constitution which is not written in one single document

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9
Q

Written constitution

A

An informal term used to describe codified constitutions

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10
Q

Unwritten constitution

A

A informal term used to describe uncodified constitutions, but the term gives a false impression that it is not written down. Instead uncodified constitutions are written down in many different sources.

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11
Q

Executive

A

The Prime Minister and his/her Cabinet, the main decision making body, comprised of the party with the overall majority (or two parties in a coalition)

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12
Q

Legislature

A

The term given to MPs in Parliament who vote in favour or against laws. The law-making body in the UK.

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13
Q

Separation of powers

A

In the USA the executive and legislative groups are differet/separated

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14
Q

Fusion of powers

A

In the UK the executive members are also legislative members, allowing a ‘fusion’ of the decision making and law making process

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15
Q

Parliamentary sovereignty

A

The absolute and unlimited authority of Parliament which can, in theory, make, repeal, or amend any law

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16
Q

Rule of law

A

The restriction of the arbitary exercise of power by subordinating it to well-defined and established laws

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17
Q

Royal prerogative

A

The right of the sovereign, which in British law is theoretically subject to no restriction

18
Q

Conventions

A

A way in which something is usually done, an agreement between groups covering particular matters, especially one less formal than a treaty

19
Q

Common law

A

Rules evolved over time

20
Q

Elective dictatorship

A

Executive power is increased and parliament power is decreased

21
Q

Royal assent

A

When the queen signs with royal approval

22
Q

Factortame case

A

Parliamentary sovereignty challenged by EU law

23
Q

Quango

A

Publicly funded bodies operate away from government

24
Q

Charter 88

A

Pressure group for reform

25
Q

Judiciary

A

Interprets and applies law

26
Q

Human rights act 1998

A

Most significant constitutional reform instated

27
Q

Constitutional Reform Act 2005

A

Separated judiciary from the other two branches of government

28
Q

The Supreme Court

A

Final court of appeal

29
Q

Judicial Appointments Commission

A

Panel of lawyers who appoint law lords, independent from politics

30
Q

Secretary of State for Justice and Lord Chancellor

A

Appointed by the Queen (advised by PM), ensures judiciary and Parliament remain separate

31
Q

Lord Chief Justice

A

Overall head of the judiciary

32
Q

Judicial Independence

A

When the judiciary are completely separate from the executive and legislative

33
Q

The Bar

A

Lawyers who are qualified as barristers belong to it

34
Q

Judicial activism

A

When judges make sure legislatures aren’t being unconstitutional

35
Q

Kilmuir guidelines

A

Restrict freedom of judges to speak out

36
Q

Judicial neutrality

A

Ensuring that the judiciary is free from bias

37
Q

Judicial review

A

Power of courts to overturn unconstitutional laws

38
Q

Politicisation of the judiciary

A

Ensuring the judiciary has no links/ties with legislature etc.

39
Q

The European Convention

A

Setting out of the Human Rights Act

40
Q

The European Court of Human Rights

A

Influencial in setting out perimeters of HRA 1998

41
Q

Judicial precedent

A

Act of a judge setting a precedent in legal cases in the absence of a single applicable law

42
Q

Constitution

A

Rules by which a country is governed