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Constitutions Flashcards

1
Q

What is a constitution?

A

Constitutions ‘establish the institutions of a state, allocate the powers to those institutions, and define the relationship between the state and individual.’

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2
Q

How is a constitution formatted?

A

In a single document.

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3
Q

What is a constitution according to Barnett?

A

‘A constitution is a set of rules which governs an organisation’

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4
Q

What is a codified constitution?

A

-Fundamental laws are separated from ordinary laws.

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5
Q

How is a codified constitution formatted?

A

-Single document.
-Written
-Narrow
-Concrete
-Given priority during conflict.

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6
Q

Is a codified constitution entrenched?

A

It is is usually entrenched because of the stringent procedures for amending constitutional laws, yet they can be changed via a special process.

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7
Q

What status do constitutional laws have?

A

A higher legal status than ordinary laws.

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8
Q

What is an uncodified constitution?

A

Fundamental rules are found in ordinary laws.

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9
Q

What is the format for an uncodified constitution?

A

Ø Not collated into a single document.
Unwritten, abstract, broad.

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10
Q

What does Brazier believe about the UK’s constitution?

A

‘British constitution is written, but it isn’t codified into a single official document.’

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11
Q

How does Barnett describe the UK’s constitution?

A

‘The height of flexibility’.

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12
Q

Why does the UK lack a codified constitution?

A

Historical iteration, no major break in governance.

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13
Q

When was the only time the UK had a codified constitution?

A

The English Civil War.

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14
Q

What makes the UK constitution not supreme?

A

Supremacy of Parliament.

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15
Q

What did Thomas Paine say about constitutions?

A

‘A constitution is an act of people constituting the government, and a government without a constitution, is power without right’

-Government makes constitutional rules in the UK.

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16
Q

What are the five points about constitutions?

A

1) A set of rules about functions, institutions, and actors.
2) Concerned with community.
3) Applied to a specific geographic location.
4) Component of historical/cultural identity.
Concerned with legitimising power.

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17
Q

What are political constitutions?

A

Political institutions and the electorate have legitimacy to make changes.

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18
Q

In a political constitution who makes the rules?

A

Political actors and referendums

19
Q

A political constitution is either?

A

Majoritarianism or Democratic.

20
Q

What is public law?

A

When the law facilitates politics to behave in a legitimate way.

21
Q

What is legal constitutionalism?

A

Determine the scope and remaining constitutional texts/rules.
Written documents/legal principles form constitutional rules.

22
Q

What does a legal constitution protect?

A

Minority constitutional rights, in face of majority wishes.

23
Q

What will the law always seek to do?

A

Invalidate political action which disrespects those principles.

24
Q

What is a unitary constitution?

A

Ø Single centralised source of sovereign power superior over other sources.
Ø Constitutional power emanates from the centre.
Distributed power can always be recalled.

25
What is a federal constitution?
Ø Distribution of power, multiple sources. Ø Certain powers are ascribed to different levels and may not be exercised on other parts of the state. Ø Power is not normally able to move between different levels.
26
What is the Sewel convention?
When devolved bodies which are going to be impacted consent to these powers being taken back.
27
What does a presidential government mean?
Ø The legislative and executive branches are separate. Specific powers accrue to each branch.
28
What does a parliamentary government mean?
Ø Legislative and executive branches overlap Ø Government exits for so long it commands the confidence of parliament. Less clearly defining line between powers belonging to each branch.
29
What happens in a democratic government?
Ø Power and legitimacy derived from the electorate. Ø Defined franchise, possibly universal. Regular elections.
30
What is an autocracy/oligarchical government?
Ø Individual/small group hold most of the power. Ø Lack of elections If there are elections, limited choice of party
31
What are constitutional conventions?
Ø Constitutional political rules. Ø Non-legal rules Ø Binding, regulating Are backward-looking, unfixed/evolving.
32
What is the definition of constitutional conventions in case law?
Ø Conventions are political Those who are bound by conventional rules are usually in law/politics e.g judge.
33
What is the convention of collective responsibility?
Discussions at cabinet are secret, open to different opinions. The outcome leads to them agreeing/pretending to agree with the same decision and disclosing the information discussed.
34
How do we identify the existence of constitutional conventions?
The Jennings Test
35
What are the stages in the Jennings Test.
1) Any Precedents which indicate how a constitutional actor should behave? 2) If so, do they believe they ought to follow this convention? Is there a good constitutional, pragmatic or other reason justifying the rule?
36
Why obey conventions?
Ø Precedent indicates expected practice. Ø Belief they ought to be followed, this means you are behaving legitimately. A good constitutional reason suggests that it should align with the convention, for conduct to be constitutional.
37
What are the functions of a constitutional convention?
Regulate structure relationships, also enabling and authorise action.
38
Who is limited in a constitutional convention?
Ø The Sovereign Ø The Prime Minister Ø The Prince of Wales. Ø Politicians Senior members of the judiciary.
39
What do constitutional conventions regulate?
Ø Establish the behavioural characteristics of Cabinet government. Ministers are normally members of The House of Commons and The House of Lords. Ø Create the office of prime minister. Specify the function of a King following an election.
40
What are more facts about conventions?
Ø Not legally binding Ø Product of practice and tradition Inform and guide constitutional actors. Flexible and unenforceable.
41
What is the tripartite convention?
The monarch should be consulted by, may encourage and may warn their ministers.
42
What is the cardinal convention?
Requires the monarch to act on and use prerogative powers consistently with ministerial advice.
43
What are key facts about laws?
Ø Enforceable by the courts. Ø Product of legislative process. Ø Determine appropriate behaviour/practice. Ø Breaches may also be breaches of the law. Ø No obvious legal sanctions for breaching a convention. Not clear who determines that a convention applies.
44
How may breaches of conventions lead to breaches in the law?
Ø Parliament meeting once a year Ø Army Acts Appropriation Acts.

Public Law (3 decks)

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