Nature+sources of British Constitution Flashcards
1
Q
constitution
A
rules, written or unwritten, detailing how to govern a state
2
Q
where does the idea of a constitution come from
A
enlightenment
Rosseauu (17-1778)
3
Q
what did Rousseau thing the constitution should be
A
‘contract’ between people and body
govern so people can live naturally and fairly
4
Q
when was enlightenment
A
17th century late
5
Q
how did enlightenment impact political thinking
A
relationship between people and state should be identified
6
Q
what does a constitution contain
A
power and functions of various gov institutions
president or prime minister
legislature have 2 chambers or not
7
Q
codified constitution
A
rules are written on a single document
8
Q
why do constitutions create a checks and balances system
A
stop one branch exercising too much power
e.g us president has to get proposed bill through both chambers
9
Q
separation of power
A
three branches exec,leg+judiciary
10
Q
how can power be divided vertically
A
between federal and state government
11
Q
why are most constitutions entrenched
A
prevents representatives making amendments to weaken separation of power
12
Q
how are codified constitutions entrenched
A
making it harder to amend laws
13
Q
doctrine of popular sovereignty
A
idea that power is vested in the people
14
Q
US bill of rights
A
include rights and liberties to protect the people from eachother
can over rule certain acts
15
Q
why are constitutions such an important feature of liberal democracies
A
protect freedom and equality
state clear limits on government power ruled by the people
fair elections
16
Q
example of how power should be shared within a country (functions of constitution)
A
fixed term parliament act
17
Q
example of establishing political processes and operation of institutions (functions of the constitution)
A
How power is divided between commons and lords
18
Q
example of placing limits on governments power (function of the constitution)
A
the right to vote
bill of rights
19
Q
example of how constitution can be amended (functions of the constitution)
A
UK goes through Lords then royal asent
20
Q
example of how power should be share (functions of the constitution)
A
UK legislation covers council power
U.s gives power to states
21
Q
Magna Carta
A
1215
right to a fair trial
22
Q
bill of rights
A
1689
limits on power of monarch
enhance status of parliament
23
Q
act of settlement
A
1701
barred roman catholics/those married to from taking the throne
24
Q
Acts of union
A
1707
England and Scotland formed GB
governed from Westminster
25
parliament acts
remove power of lords to block money bills imposing max 2 year delay
reduce power of lords to delay non money bills to 1 year limit
26
European communities act
1972
act that took uk into EEC
incorporated treaty of rome
27
example of difference in flexibility in codified constitutions
1958 French 5th republic amended 17 times in 50 yrs
| only been 17 in US one since 1791
28
why is judicial review limited when there is an uncodified constitution
no document to determine what is 'unconstitutional'
29
when are codified constitutions made
when new independence e.g US constitution
period of authoritarian rule e.g Spanish 1978
after a war e.g West Germany basic law 1949
30
features of a codified constitution
one document
easily accessable to citizens
implies constitutional rules are higher than all other laws
31
features of an uncodified constitution
not written down
some parts can be written down and others just exist
constitutional laws have the same status as ordinary laws
32
uncodified constitutions examples
Britain, Israel and new Zealand
33
divine right of kings
monarch believed they were chosen by God
34
royal prerogative
power+authority belonging to monarch alone
35
why was the signing of the magna carta so significant
limited authority of monarch
36
how did magna carta help establish rule of law
prevented the king being above the law
37
how did the case of proclamations (1610) weaken the royal prerogative
parliament gained power
| king couldn't change common law
38
what led to the petition of right (1628)
parliament refused to pay charles 1 for war with france king tried forcing people for funding
39
what did the petition of right impose (1628)
no taxes levied without parliaments consent
| no imprisonment without cause
40
when did the UK adopt a codified constitution
after the execution of charles 1
41
why didnt england's codified constitution last
under richards control the republic fell apart
42
why is the bill of rights so important to our uncodified constitution
transferred power from monarchy to parliament
43
why did parliamentary sovereignty make having a codified constitution less likely
not possible to entrench higher laws in codified constitution as long as parliament can make/unmake any law
44
5 sources of the British constitution
```
statute law
common law
conventions
authoritative works
european law and treaties
```
45
what is statute law
law created by parliament
| acts approved by commons,lords and monarch
46
how is statute law implemented
by the executive+enforced by courts
47
why is statute law the supreme source of constitutional law
because parliament is sovereign
48
important historical constitutional acts
Great Reform Act 1832
Parliament Acts 1911/49
ECA 1972 (treaty of rome into uk law)
49
recent examples of constitutional reform
Scotland Act 1998 (scottish parliament created)
HRA 1998 (ECHR into uk law)
FTP 2011 5 year elections
50
how was the franchise extended in 1832
lowered property requirements
51
common law
law coming from general customs,traditions or decisions of judges
52
how do judges in the uk establish a legal position where statute law is absent or unclear
judicial review
53
how does the government of the day overturn common law precedent
parliament is sovereign and statute law is supreme so gov can pass an act of parliament
54
example of a convention that has been accepted as legally binding thus become a common law
royal prerogative
55
what does the power of royal prerogative include
appointment of ministers+prime minister
royal assent on legislation
declare war+negotiate treaties
56
what royal prerogative power was ended by the fixed term parliament act 2011
power to dissolve parliament
57
convention
rules considered to be binding but are not codified or legally enforcable
58
2011 cabinet manual
a single document containing conventions
59
how do conventions have such authority
their usage over an extended period of time
60
example of a convention
monarch must give their assent to acts of parliament
no monarch has refused since 1707
queen anne scottish militias
61
example of a relatively new convention
Gordon Brown, UK will not delcare war without parliamentary vote
62
where can common law be found
court records,reports and books
63
which courts have the power to establish precedents
court of appeal (criminal+civil)
| supreme court
64
relationship between statute and common law
statute law takes precedent
65
main difference between conventions and law
conventions aren't legally binding
| can only be 'political punishments'
66
examples of authoritative texts (3)
Walter Bagehot 'The English Constitution' 1867
Erskine May 'A treatise on the law,privelages,proceedings and usage of parliament' 1844
A.V Dicey 'An introduction to the study of the law of the constitution' 1885
67
authoritative texts
books written by constitutional experts
| act as guides containing key principle
68
European Union Law
european law takes precedent over UK law
69
unitary state
sovereignty is located at the centre
| central gov has supremacy over other tiers of gov
70
what was be the impact on the sources of the constiution if the UK leave the EU
EU law wouldn't take precedent over UK
71
what did May's Great Repeal Bill include
UK would incorporate all existing EU law into UK statute law
72
4 key principles which underpin the UK constitution
unitary state
parliamentary sovereignty
rule of law
parliamentary gov under constitutional monarchy
73
sovereignty
legal supremacy
74
what is parliamentary sovereignty constructed around (3)
parliament legislate on any subject
legislation can't be over turned by higher authority
no parliament can bind its successors
75
what has raised questions about the doctrine of parliamentary sovereignty
EU membership
devolution
referendums
76
example of devolved powers
under new labour
| scottish parliament granted tax varying powers
77
rule of law
relationship between state and citizens
78
what are the three main strands of rule of law (according to A.V Dicey)
no one punished without trial
| no one is above the law
79
civil liberties
fundamental individual rights and freedoms that ought to be protected from interference or encroachment by the state
80
what is the traditional british constitution (unitary or not)
unitary
81
features of a unitary constitution
weak regional gov
| local gov has little power
82
how did Vernon Bogdanor describe the UK as opposed to a unitary state
'nation of nations'
83
what did the glorious revolution of 1689 establish
supremacy of parliament over the monarchy
84
cabinet government
executive power is with a group of people not just one
| under the doctrine of collective responsibility
85
strengths of the UK constitution
adaptability
strong government
accountability
86
weaknesses of the UK constitution
outdated+undemocratic
concentration of power
lack of clarity
87
explain how adaptability is a strength of the UK constitution
constitution evolved along with the times
is pragmatic+organic
don't need super majorities
prevents conflict
88
explain how strong government is a strength of the UK constitution
easier for gov to implement their political objectives
| legislation doesn't have to comply with a higher rule
89
explain how outdated and undemocratic is a weakness of the UK constitution
the royal prerogative (outdated)
| hereditary principle hard to justify in a liberal democracy
90
explain how concentration of power is a weakness of the UK constitution
too much at centre
combination of parliamentary sovereignty and uncodified constitution
gov with large majority can force through legislation
seen as 'elected dictatorship'
91
explain how lack of clarity is a weakness of the UK constitution
not always clear if gov has acted unconstitutionally
| rights and responsibilities of citizens isn't clear
92
example of a group wanted constiutional change
charter 88 (now unlock democracy)
93
what were the four areas of constitutional reform that labour were promising in the run up to the 1997 general election
modernisation
democratisation
decentralisation
rights
94
modernisation
insitutions such as parliament need reform
95
democratisation
electoral reform
| more referendums
96
decentralisation
devolving powers to scotland wales+northern ireland
97
rights
strengthen and safeguard them
98
constitutional reform act 2005
bought changes to the judiciary
99
why was not a lot of constitutional reform achieved during browns times in government (07-10)
economic crisis and its impacts
100
new labours constiutional reforms under the rights theme
1998 HRA
| 2000 FOI
101
new labours constitutional reforms under the devolution theme
NRA primary legislative power
WA secondary power
directly elected mayor
102
new labours constitutional reforms under the electoral reform theme
new system for devolved assemblies, EP and elected mayors
103
what did the human rights act do
enshrineed most pro
104
examples of some rights the HRA protects
```
right to;
life
fair trial
private+family life
freedom of thought/expression
```
105
what do all bills in westminster have to comply with
HRA
106
when can there be temporary exemptions from bills not being compatible with HRA
times of crisis e.g 9/11
| allowed the detention of foreign nationals suspected of terrorist activity
107
asymetric devolution
political arrangments are not uniform
108
west lothian question
why should scottish MPs be allowed to vote on english matters in westminster
english MPs cant vote on devolved scottish matters
109
what power did Blair give to the london mayor
environmental and transport
resulting in congestion charges
london assembly was created for scrutiny (mayor gaining power)
110
parliamentary reform to the lords
house of lords reform 1999
| abolished the right of all but 92 hereditary peers
111
what were the recommendations put forward by the 2009 reform of the house of commons committee which came into force (weren't that signifcant)
chair of select committee elected by backbenchers
| petitions committee selecting e-petitions
112
what happened as a result of the constitutional reform act 2005
supreme court in 2009
removed judicial role of HoL
enhanced seperation of powers
reduce role of lord chancellor
113
can the supreme court strike down legislation
no
114
example of constitutional reform which wasn't passed during coalition government
reducing the number of MPs
115
protection of freedoms act 2012
offered people more protection from the state
| more scrutiny e.g of data collection
116
house of lords reform act 2014
peers could be removed for not attending/criminal offenc
right to retire/resign
by 2016 54 resigned
4 removed- non attendances
117
wales act 2014
further devolution to wales
| e.g control of smaller taxes
118
english votes for english laws
only english MPs should be allowed to vote on matters affecting england only
first used jan 2016
english MPs vote on housing and planning bill
119
Scotland act 2016
Gained control of 50% VAT levies
Implication Scotland becomes more responsible
Given control over electoral system
More power for Scotland could help satisfy some of the independence voters
120
How does a codified constitution tackle the idea of an ‘elected dictatorship’
Sets limits on the power of the executive
| Introduces more checks and balances
121
What’s the danger with a codified constitution
Only reflects the mood of the times, opinions often changes
| E.g US difficulty over second amendment right to bear arms
122
Who would gain more power from a codified constitution
Judges
123
Should the UK codify it’s constitution (YES)
Logical after all the recent reform
Greater clarity
Reference for courts
Limit state power
124
Should the uk codify it’s constitution (NO)
Pragmatic adaption has worked well
No agreed process on how to do it
No consensus on what it should include
Difficult to amend
125
‘Reviving the health of our democracy’ by electoral reform society
What did they argue
Constitution should be remodelled on:
Active participation+engagement
Fair representation
Good governance
126
What changes were suggested by electoral reform society under encouraging active participation and engagement
Simplify voter registration
Lower voting age 16
Wider use of e democracy
Opening candidate selection
127
What changes were suggested by electoral reform society under delivering fair representation
Electoral reform
| Redrawing election districts
128
What changes were suggested by electoral reform society under providing for good governance and restoring trust
Complete lords reform
Modernising the commons
Enhancing local democracy
