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paper 1: Government and Politics of the UK > nature and sources of the constitution > Flashcards

nature and sources of the constitution Flashcards

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1
Q

statute

A

any law that been passed by both houses of Parliament and that has received royal assent. e.g: the representation of the people act 1969, the human rights act 1998

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2
Q

common law

A

laws or rights passed down over time by legal judgements in the courts (judicial precedence). e.g: freedom of expression, criminality of murder.

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3
Q

conventions

A

not written down but are generally agreed rules and procedures. e.g: the Salisbury-Addison convention 1945, royal assent, the monarch inviting the winning party’s leader to create a government.

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4
Q

codified

A

a constitution where all provisions are written down in a single set of documents. e.g: USA

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5
Q

uncodified

A

a constitution that is not contained in a single set of documents. e.g: UK

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6
Q

authoritative opinions

A

views and definitions that are important and regarded as the final word or authority on an issue. e.g: Walter Bagehot’s ‘The English Constitution’

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7
Q

the royal prerogative

A

remaining powers exercised in the name of the crown. e.g: proroguing Parliament (Borish Johnson 2019). important powers lie with the executive e.g: appointing ministers, calling general elections.

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8
Q

the rule of law

A

the law is enforced and that it is applied equally to everyone, including the government.

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9
Q

Parliamentary sovereignty

A

the principle of the British Constitution that makes Parliament the ultimate authority.

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10
Q

individual rights

A

rights that belong to each citizen. e.g: free speech, practice their religion or live according to their sexual orientation without discrimination.

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11
Q

collective rights

A

rights that lie with groups of people. e.g: members of a trade union, people with disabilities.

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12
Q

The Magna Carta 1215

A

Between King John and his Barons in response to the political crisis. the first formal attempt to try to limit powers of the monarch.

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13
Q

Bill of Rights 1689

A

represents Parliamentary sovereignty and the Parliamentary state. key terms in the bill include: frequent Parliaments, free elections, freedom of speech within Parliament, the principle of no taxation without Parilament’s approval.

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14
Q

Act of Settlement 1701

A

follow up of the Bill of Rights. main aim was to ensure a protestant succession to the throne.

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15
Q

Parliament Acts 1911 and 1949

A

severely reduced the power of the house of Lords. in 1909 the unelected, conservative/unionist dominated lords broke with Parliamentary convention and rejected the liberal government’s ‘people’s budget’ which led to a constitutional crisis. in 1910 ended the veto of lords over legislation.

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16
Q

European Communities Act 1972

A

enables accession of the UK to the European Economic Community (EEC). added to by further measures: single European Act 1987, the Lisbon Treaty 2007.

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17
Q

What is a constitution?

A

the laws, rules, practices by which a state is governed

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18
Q

What is a bill of rights?

A

A statement of the rights of citizens

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19
Q

What is are 2 characteristics of a codified constitution?

A

Written down and in one place/document

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20
Q

What is the word to describe an unwritten constitution and give an e.g.

A

Uncodified and UK constitution

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21
Q

Give an example of a codified constitution.

A

The US Constitution

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22
Q

What word is used to describe a constitution that is difficult to change?

A

Entrenched

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23
Q

What is a constitutional democracy?

A

One that operates within the framework of a constitution that sets limits on the power of the government and give rights to citizens.

24
Q

hat are the sources of the UK constitution?

A

Statute law, convention, royal prerogative, common law, authoritative works, EU law

25
Q

What is the main source of the UK constitution? Why?

A

Statute law because parliament is sovereign

26
Q

What is another way of describing fundamental law when discussing a constitution?

A

Higher law

27
Q

What are 2 advantages of having a codified constitution?

A

flexibility, adapts to modern times, no higher law, no entrenchment,

28
Q

What is the legal procedure for amending the British constitution?

A

There is no special legal mechanism as just a simple act of parliament will do

29
Q

What are the 3 features of parliamentary sovereignty?

A

The doctrine that parliament has legislative supremacy/there is no higher authority/successive parliaments cannot be bound by preceding parliaments

30
Q

What is the difference between statute and common law?

A

Law that is derived from Acts of Parliament and law that is derived from decisions in court cases.

31
Q

Which 3 institutions in the UK are needed to create laws?

A

The House of Commons, The House of Lords, The Monarch

32
Q

Give 3 examples of statute laws that form part of the UK constitution.

A

Magna Carta, 1911 Parliament Act, 1949 Parliament Act,

33
Q

How did Gordon Brown try to limit the power of the monarch?

A

By limiting the royal prerogative powers of the monarch to oversee treaties and legislating to give that power to parliament

34
Q

Who generally exercises the royal prerogative?

A

Either the pm or government ministers

35
Q

What convention does the King observe during the legislative process in the UK?

A

he assents to acts of parliament/she signs them into law

36
Q

Why is the use of conventions unclear in the UK?

A

Because conventions come into being through usage they were often not written down and this created a lack of clarity in the UK constitution

37
Q

What recent document clarified the status of conventions in the UK?

A

The Cabinet Manual 2011

38
Q

why is the convention of appointing a pm in the UK ambiguous?

A

Because convention says that the largest party in the House of Commons should form a government. This is fine if there is an overall majority but difficult to sort out in the event of a hung parliament e.g. 2010

39
Q

What is the Salisbury Convention

A

The practice that the House of Lords will not vote down a bill that seeks to enact a manifesto pledge.

40
Q

Name 2 constitutional theorists.

A

Erskine May, Walter Bagehot

41
Q

When did the UK become part of Europe and why did this change the constitution?

A

1 January 1973 and UK membership of EEC because the treaties and judgments associated with the EU have become part of the British constitution

42
Q

What is a unitary state?

A

A state where power is concentrated at the political centre and all parts of the state are governed in the same way

43
Q

What is a union state?

A

A state in which there are cultural differences and where different parts are governed in different ways

44
Q

What are the 4 principles which underpin the UK constitution?

A

Rule of law, parliamentary sovereignty, the unitary state, parliamentary government in a constitutional monarchy

45
Q

What 2 words describe a political system where a monarch is the head of state but power is exercised by a government?

A

Constitutionalmonarchy

46
Q

there are are no constitutional restrictions on the scope of parliament’s legislative authority. True or False?

A

true

47
Q

give one example of parliament’s right to reform itself.

A

1911 Parliament Act, House of Lords Reform, Constitutional Reform Act 2005

48
Q

Why does the UK Supreme Court not have the power to strike down legislation for being unconstitutional?

A

because parliament is sovereign/the highest legal power in the UK

49
Q

What type of vote is required in parliament to change the UK constitution?

A

A simple majority vote in either chamber

50
Q

If the US has a separation of powers, what does the UK have?

A

A fusion of powers

51
Q

What is another word for the executive?

A

Government

52
Q

why has devolution challenged the supremacy of parliament?

A

Because devolution has transferred political power from central government to the regions.

53
Q

What did the Human Rights Act of 1998 incorporate into UK law?

A

The European Convention on Human Rights

54
Q

How many referendums have been held since 1975?

A

3 – EEC, Alternative Vote, EU

55
Q

what is the Westminster model?

A

UK model where parliament is sovereign, there is a fusion of powers and power is centralised

56
Q

when did devolution to the regions occur in the UK?

A

1998-1999

paper 1: Government and Politics of the UK (10 decks)

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