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politics > Constitutions > Flashcards

Constitutions Flashcards

1
Q

What does constitution mean?

A

Rules over how a country is governed, describing the relationship between the executive, legislative and judiciary.

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2
Q

What are the three constitutional priorities?

A
  • States the limits of the government power
  • Determines how political power is distributed
  • Asserts and guarantees the rights of citizens
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3
Q

What is a codified constitution?

A

Is set out in a single, authoritative document.

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4
Q

What is an uncodified constitution?

A

Made up from rules that are found in a variety of sources, there is no single document.

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5
Q

Define what is meant by, states the limits of government power?

A
  • establishes the competencies of government
  • Keeps government within the rule of law and avoids power being used arbitrarily
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6
Q

Define what is meant by, determines how political power is distributed within the state?

A

How power is distributed between central and regional government

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7
Q

What are the three key features of a codified constitution?

A
  • authoritative
  • entrenched
  • judiciable
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8
Q

What does authoritative mean?

A
  • constitutes a higher form of law - highest law in the land
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9
Q

What does entrenched mean?

A

provisions in the constitution are difficult to amend or abolish

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10
Q

What does judiciable mean?

A
  • Higher law is judiciable, meaning all political bodies are subject to the authority of the courts/the law
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11
Q

What does codification mean?

A

This means that a constitution has been written down, normally in a single document and is organised into a clear set of principles

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12
Q

What does flexibility mean?

A

Where the rules that entrench a constitution are weak.

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13
Q

What is a mixed constitution?

A

A constitution that is partly democratic and partly based on traditional rules, for example the UK.

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14
Q

What is statute law?

A
  • Laws passed by Parliament
  • Most important source of constitution
  • can overturn other sources
  • highest form of law
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15
Q

Examples of statute law

A
  • Human Rights Act (1998)
  • European withdrawal act (2018)
  • Constitutional reform act (2005)
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16
Q

What is common law? (Case law)

A
  • Consists of rules and customs which have long been declared to be law by judges in deciding cases
  • Can be set aside or amended by Statute
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17
Q

What is the conventions?

A
  • Key part of the unwritten elements of the constitution
  • Do not have the status of law, merely a practice
18
Q

Examples of conventions?

A
  • Royal assent must be given before a bill becomes a law
  • Ministers must publicly back the PM’s decisions
  • Individual ministerial responsibility
19
Q

What is authoritative works?

A
  • Helps to define what is constitutionally ‘correct’
  • Helps to interpret what the constitution means
  • Authority comes from the esteem of the author
20
Q

What are treaties?

A

Agreements with external bodies that bind the UK in some way

21
Q

Examples of treaties?

A
  • European Convention Of Human Rights
  • North Atlantic Treaty (NATO)
22
Q

What are the three strands of Parliamentary Sovereignty?

A
  • Parliament’s laws are supreme
  • Parliament can legislate on an area of policy it chooses
  • No parliament can bind it’s successor
23
Q

What are the challenges to Parliamentary Sovereignty?

A
  • Increased use of referendums
  • Is parliament sovereign or the government?
  • Devolution
  • The Human Rights Act
  • Judgements of the judiciary
24
Q

What do we mean by the rule of law?

A

The idea that the law applies to everyone equally, no one is above the law and therefore arbitrary rule is prevented and avoided by a fundamental equality

25
Q

What is arbitrary rule?

A

A rule that is based on personal preference or discretion, rather than on logic, reason, or law.

26
Q

What does de jure mean?

A

Legally the case

27
Q

What does de facto mean?

A

the practical reality

28
Q

Who is the head of state in a Presidential system?

A

president

29
Q

Who is the head of state in a parliamentary system?

A

Monarch

30
Q

How is the executive formed in a Parliamentary system?

A

Formed from Parliament elections and the party with the majority is appointed by the monarch. Pm appoints the government from Parliament

31
Q

How is the executive formed in a presidential system?

A

Executive is elected by the people

32
Q

How is the legislature dissolved in a presidential system?

A

Election terms are fixed
- House Of Representatives can impeach the president

33
Q

How is the legislature dissolved in a parliamentary system?

A

PM decides

34
Q

Who is the government accountable to in a presidential system?

A

The people

35
Q

Who is the government accountable to in a parliamentary system?

A

Parliament

36
Q

In a presidential system is it as single or collective executive?

A

single

37
Q

In a parliamentary system is it a single or collective executive?

A

collective

38
Q

Codified or uncodified, Gives extensive power to judges?

A

codified

39
Q

Codified or uncodified? Leaves the constitutional arrangements theoretically in the hands of elected politicians

A

uncodified

40
Q

Advantages of a codified constitution

A
  • Clear rules, together in one doc
  • Limited government, safeguards the constitution from interference from day to day government
  • Education and citizenship, high educative value
  • Protecting rights
41
Q

Disadvantages of codified constitution?

A
  • Rigidity, higher law is more difficult to change
  • Judicial tyranny
  • Legalistic, dry documents difficult to understand

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