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Governing The UK Yr1 > Constitution Examples > Flashcards

Constitution Examples Flashcards

1
Q

Examples of functions of constitutions: Determine how political power should be distributed

A

The UK has a unitary constitution - ultimate power lies in once place - parliament

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2
Q

Examples of functions of constitutions: Establish political processes that make the system work

A

A law must pass through both houses of parliament before it can become law

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3
Q

Examples of functions of constitutions: Establish rules by which nationality is established

A

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

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4
Q

Examples of functions of constitutions: Assert rights of citizens against the state

A

Since 1998, the European convention on human rights has been part of British law

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5
Q

Examples of functions of constitutions: Contains the rules for its own amendments

A

This does not exist in the UK

In the USA two-thirds of congress must support and three-quarters of the states

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6
Q

Unitary constitutions

A

UK

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7
Q

Federal constitution

A

USA

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8
Q

Example of a parliamentary statute

A

Human Rights Act

Parliament act of 1949

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9
Q

Example of a constitutional convention

A

Salisbury convention - HoL can’t block manifesto legislation

That the Prime minister exercises the Queen’s power to appoint and dismiss ministers

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10
Q

Example of historical principles and authoritative works

A

Sovereignty of parliament
Parliamentary government
Rule of law

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11
Q

Example of common law

A

Prerogative powers of the prime minister

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12
Q

Example of tradition as a source of the UK constitution

A

Procedures of both Houses of Parliament

Queen’s speech

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13
Q

Example of Europe as a source of the UK constitution

A

European Convention on Human Rights

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14
Q

Example of constitutional change in the UK

A

Fixed term parliaments act 2010

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15
Q

What is becoming common practice when constitutional change is involved

A

To hold a referendum

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16
Q

What is a two-tier legal system

A

When a country has 2 levels of law - higher laws and ordinary laws

17
Q

What are higher laws

A

Laws that concern constitutional arrangements and are harder to change

18
Q

What are ordinary laws

A

Laws which concern relations between citizens

19
Q

What is judicial review

A

When judges are called upon to re-interpret and re-evaluate the meaning of parts of a constitution

20
Q

Define constitutionalism

A

The concept that a political system is governed by a constitution and political institutions are bound by constitutional rules

21
Q

Define codification

A

The process of setting out a a constitution in an organised way in a single document - so it has a single source

22
Q

Arguments for retaining an uncodified constitution

A

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

23
Q

Arguments for introducing a codified constitution

A

Human rights
Executive power - Currently excessive
Clarity - Prevent political apathy
Modernity

24
Q

What is parliamentary government

A

A political system where parliament is a central feature. Government is drawn from Parliament and is accountable to Parliament

25
Q

What principles rely on party government

A

Collective responsibility
Mandate and manifesto
Government and opposition
Patronage

26
Q

What is patronage

A

The power to make senior appointments and to dismiss office holders

27
Q

Strengths of the UK constitution

A

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

28
Q

Weaknesses of the UK constitution

A

Lack of restraints on powers of govt
Contains outdated institutions. e.g. Monarchy and HoL
Govt. dominates Parl.
Confusing - political apathy

29
Q

Different types of sovereignty in the UK

A

Legal sovereignty
Popular sovereignty
Political sovereignty

30
Q

What is legal sovereignty

A

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

31
Q

What is popular sovereignty

A

Suggests that the people have some sovereignty

32
Q

When are the people effectively sovereign

A

General elections

Referendums

33
Q

What is political sovereignty

A

Refers to an idea of where power effectively lies

34
Q

Who is politically sovereign

A

UK government and the prime minister

35
Q

In what circumstances can politically sovereign be seen

A

UK government because it has a mandate from the people
Prime minister’s prerogative powers
Devolved assemblies

36
Q

Areas where jurisdiction has passed largely to the EU

A

Trade
Fishing
Employment law

37
Q

Areas where jurisdiction has partly passed largely to the EU

A

Defence

Asylum and immigration

38
Q

Areas where no jurisdiction has passed largely to the EU

A

Education

Health provision

Governing The UK Yr1 (13 decks)

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