Constitution Examples Flashcards
Examples of functions of constitutions: Determine how political power should be distributed
The UK has a unitary constitution - ultimate power lies in once place - parliament
Examples of functions of constitutions: Establish political processes that make the system work
A law must pass through both houses of parliament before it can become law
Examples of functions of constitutions: Establish rules by which nationality is established
It is only possible to obtain British Citizenship if a person does not have a serious or recent criminal record and has lived in the UK for five years
Examples of functions of constitutions: Assert rights of citizens against the state
Since 1998, the European convention on human rights has been part of British law
Examples of functions of constitutions: Contains the rules for its own amendments
This does not exist in the UK
In the USA two-thirds of congress must support and three-quarters of the states
Unitary constitutions
UK
Federal constitution
USA
Example of a parliamentary statute
Human Rights Act
Parliament act of 1949
Example of a constitutional convention
Salisbury convention - HoL can’t block manifesto legislation
That the Prime minister exercises the Queen’s power to appoint and dismiss ministers
Example of historical principles and authoritative works
Sovereignty of parliament
Parliamentary government
Rule of law
Example of common law
Prerogative powers of the prime minister
Example of tradition as a source of the UK constitution
Procedures of both Houses of Parliament
Queen’s speech
Example of Europe as a source of the UK constitution
European Convention on Human Rights
Example of constitutional change in the UK
Fixed term parliaments act 2010
What is becoming common practice when constitutional change is involved
To hold a referendum
What is a two-tier legal system
When a country has 2 levels of law - higher laws and ordinary laws
What are higher laws
Laws that concern constitutional arrangements and are harder to change
What are ordinary laws
Laws which concern relations between citizens
What is judicial review
When judges are called upon to re-interpret and re-evaluate the meaning of parts of a constitution
Define constitutionalism
The concept that a political system is governed by a constitution and political institutions are bound by constitutional rules
Define codification
The process of setting out a a constitution in an organised way in a single document - so it has a single source
Arguments for retaining an uncodified constitution
Flexibility - can adapt to a changing world
Executive power - Powerful govt. is good
Would be difficult and conservative pragmatism - Not broken so don’t fix it
Prevents politicising the courts - Supreme court would be called on to judge precise meanings
Arguments for introducing a codified constitution
Human rights
Executive power - Currently excessive
Clarity - Prevent political apathy
Modernity
What is parliamentary government
A political system where parliament is a central feature. Government is drawn from Parliament and is accountable to Parliament
What principles rely on party government
Collective responsibility
Mandate and manifesto
Government and opposition
Patronage
What is patronage
The power to make senior appointments and to dismiss office holders
Strengths of the UK constitution
It is neither codified nor entrenched - it is flexible and adaptable
Has stood the test of time
Ensures that parliament can act decisively
Contains traditional elements
Weaknesses of the UK constitution
Lack of restraints on powers of govt
Contains outdated institutions. e.g. Monarchy and HoL
Govt. dominates Parl.
Confusing - political apathy
Different types of sovereignty in the UK
Legal sovereignty
Popular sovereignty
Political sovereignty
What is legal sovereignty
In the UK, legal sovereignty lies with Parliament
This means no other body has the power to make laws or overrule laws made by Parliament
What is popular sovereignty
Suggests that the people have some sovereignty
When are the people effectively sovereign
General elections
Referendums
What is political sovereignty
Refers to an idea of where power effectively lies
Who is politically sovereign
UK government and the prime minister
In what circumstances can politically sovereign be seen
UK government because it has a mandate from the people
Prime minister’s prerogative powers
Devolved assemblies
Areas where jurisdiction has passed largely to the EU
Trade
Fishing
Employment law
Areas where jurisdiction has partly passed largely to the EU
Defence
Asylum and immigration
Areas where no jurisdiction has passed largely to the EU
Education
Health provision
