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Comparative legal systems > M3 T3 The constitutional organs of the UK > Flashcards

M3 T3 The constitutional organs of the UK Flashcards

1
Q

The Crown=

A

The state

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2
Q

What is important to remember when talking about constitutionality in the English system?

A

There is no single written constitution

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3
Q

Which norms have constitutional status?

A

Those that protect the rights and freedoms of citizens

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4
Q

What is the role of the crown?

A

It unifies the nation and embodies juridical and political powers

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5
Q

What is the geographical context in the political perspective?

A

a single state formed by four different entities.

  1. England
  2. Wales
  3. Scotland
  4. Northern-Ireland
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6
Q

What are crown dependencies?

A

Do not form a part of the UK, but the sovereign is the Queen of England.

Channel Islands and the Isle of man

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7
Q

What are British overseas territories

A

There are 14.

These are former colonies that remain under the formal sovereignty of Great Britain.

Islands and archipelagos over the whole world such as Bermuda and the Cayman Islands.

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8
Q

What is the British commonwealth?

A

54 independent states where the Queen exercises the symbolic head of state.

Ex: Canada, Australia and India

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9
Q

What is the political organization of the UK?

A

It is a constitutional monarchy

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10
Q

What is the oldest British institution?

A

The monarchy

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11
Q

What does the monarch traditionally embody?

A

unity, continuity and stability of the state

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12
Q

The Monarch in theory:

A

is the head of the executive, the judicial and the legislative powers

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13
Q

The Monarch in practice:

A

duties are representative and ceremonial

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14
Q

What is the royal prerogative?

A

Body of customs and rules-the royal duties that acquires the advice and approval of a government minister

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15
Q

What are 3 legislative functions of the crown?

A
  1. Convoke, prorogue and dissolve Parliament
  2. Sanction laws approved by parliament
  3. Appoint life and hereditary peers

!1 and 2 and the instance of the Prime Minister as the Queen has little to no power alone.

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16
Q

4 executive functions of the crown

A
  1. Appoint the Prime Minister: the leader of the party with the majority in the House of Commons
  2. Appoint ministers and other public authorities at the instance of the PM
  3. Bestow honors
  4. Establish international relations, declare war, sign international peace treaties, cede or incorporate territory
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17
Q

2 judicial functions of the crown

A
  1. Justice is administered in the name of the monarch

2. Appoints and dismisses judges

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18
Q

Who holds the legislative power?

A

The British Parliament

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19
Q

When was the first use of Parliament in England?

A

In 1236, and referred to meetings to which the king convoked nobles and prelates

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20
Q

What is the Queen in parliament?

A

Three separate institutions that meet together on solemn occasions

  1. The Queen
  2. The House of Commons
  3. The House of Lords
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21
Q

Parliament is sovereign as there is no formal written constitution regulating its powers. Where can we find the restrictions to its powers?

A

in a general British parliamentary consensus saying that the spirit of constitutionalism must be preserved and changes should only be made when society so demands.

The sovereignty of the citizens.

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22
Q

Composition of the House of Commons

A

650 Members of Parliament (MPs)

23
Q

Election to the House of Commons

A

Universal suffrage every five years.

British citizens(Commonwealth and Republic of Ireland with residence in the UK.)

24
Q

The President of the House of Commons

A

The speaker.

Do not represent a party but the whole chamber

elected unanimously

order and procedure

25
Q

4 types of committees in the house of commons

A
  1. The House of Commons commission
  2. Permanent Committees
  3. Selected committees
  4. Joint committees; members of both chambers
26
Q

4 functions of the house of commons

A
  1. Legislating
  2. Controlling the actions of the government
  3. Budget approval
  4. Debate current political questions
27
Q

Composition of the House of Lords

A

755 members

  • life peers
  • archbishops
  • 92 hereditary peers
28
Q

Election to the House of Lords

A

Not democratically

Represents the high society of industry, politics and finance

29
Q

The president of The House of Lords

A

Lord Speaker

The most senior member of the government in the Chamber

Les function than those of the House Speaker. All members can put forward their views on matters of order

30
Q

Committees of the House of Lords

A
  1. The House of Lords commission
  2. Permanent Committees
  3. Selected committees
  4. Joint committees; members of both chambers
31
Q

1 function of the House of Lords

A
  1. Pass statutes

Legislative powers are less than in the House of Commons and have been reduced in successive reforms.

32
Q

5 entities to the executive power

A
  1. Queen in Council
  2. The Prime Minister
  3. The cabinet
  4. The Privy council
  5. The Secretaries of state
33
Q

3 functions of the Cabinet

A
  1. Governs home and Foreign policy
  2. Direct proposed legislation
  3. Coordinates ministerial departments and relations between Ministers and Parliament
34
Q

Who are the members of the cabinet?

A

15-20 Secretaries of state.

Must be parliamentarian-either commons or lords

Some are heads of ministerial departments, others are Ministers without portfolio.

35
Q

Who are members of the privy council?

A

300 people of senior social and political standing

36
Q

What are the powers of the privy council? how has it changed?

A

It is a historical institution. Before the creation of the supreme court, it was the appeal tribunal of last resort in certain Commonwealth countries. Today its powers are consultative

37
Q

Who are the secretaries of state?

A

groups of 100 people in each ministry. members of the cabinet and senior government officials

38
Q

What are the two categories of the judicial system?

A

Civil and criminal jurisdiction

39
Q

How is the hierarchical order of the judicial system?

A
  1. The Supreme court
    25 judges called justices
  2. Court of appeal
    25 lord justices
  3. High court of justice and Crown courts
  4. County courts and magistrates courts
40
Q

Which is the highest judicial body in the UK?

A

The supreme court after it took over jurisdiction from the House of Lords and Privy council.

41
Q

Which two divisions does the court of appeal have and who is it presided by?

A

civil and criminal division

presided by the master of rolls

42
Q

Which three divisions does the high court of justice have?

A
  1. Administrative tribunal
  2. Chancery division
  3. Family division
43
Q

Which cases take place in the crown court?

A

Criminal cases

44
Q

Which cases take place in the county courts, and who are the judges?

A

civil cases of all kinds

district and circuit judges

45
Q

Who are the justices of the magistrates courts?

A

lay justices with no legal training that are not paid for their work. in bigger cities, they are known as stipendiary magistrates and are appointed from among members of the legal profession

46
Q

Which cases take place in the magistartes courts?

A

minor crimes such as driving too fast

47
Q

What does the rule of law protect?

A

protects the citizens against the misuse of power by authorities. Public authority should be exercised subject to the law

48
Q

what is the loophole violating the rule of law in the English system?

A

There is no charter establishing the rights of the citizens as the citizens do not want their rights to be regulated by the government

49
Q

What is meant with “ law binds public authority positively and citizens negatively”

A

There are expressed regulations for what the public authority can do, while for the citizens what is not expressly forbidden is allowed.

50
Q

Who are the major parties in the UK political system since the end of WWII?

A

The labor party and the Conservative party.

The liberal democratic party challenges the two-party system as it formed government with the majority of the conservatives in 2010

51
Q

The constitutional institutions are incorporated into the concept of the (?)

A

Crown: Head of state

52
Q

4 constitutional organs of the English system

A
  1. Head of state
  2. Legislative power
  3. Executive power
  4. Judicial power
53
Q

Two significant features of the political theory

A
  1. The Rule of Law

2. The two-party system

Comparative legal systems (25 decks)

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