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UK Politics (AK) > Nature+sources of British Constitution > Flashcards

Nature+sources of British Constitution Flashcards

1
Q

constitution

A

rules, written or unwritten, detailing how to govern a state

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2
Q

where does the idea of a constitution come from

A

enlightenment

Rosseauu (17-1778)

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3
Q

what did Rousseau thing the constitution should be

A

‘contract’ between people and body

govern so people can live naturally and fairly

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4
Q

when was enlightenment

A

17th century late

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5
Q

how did enlightenment impact political thinking

A

relationship between people and state should be identified

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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

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7
Q

codified constitution

A

rules are written on a single document

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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

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9
Q

separation of power

A

three branches exec,leg+judiciary

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10
Q

how can power be divided vertically

A

between federal and state government

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11
Q

why are most constitutions entrenched

A

prevents representatives making amendments to weaken separation of power

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12
Q

how are codified constitutions entrenched

A

making it harder to amend laws

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13
Q

doctrine of popular sovereignty

A

idea that power is vested in the people

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14
Q

US bill of rights

A

include rights and liberties to protect the people from eachother
can over rule certain acts

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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

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16
Q

example of how power should be shared within a country (functions of constitution)

A

fixed term parliament act

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17
Q

example of establishing political processes and operation of institutions (functions of the constitution)

A

How power is divided between commons and lords

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18
Q

example of placing limits on governments power (function of the constitution)

A

the right to vote

bill of rights

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19
Q

example of how constitution can be amended (functions of the constitution)

A

UK goes through Lords then royal asent

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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

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21
Q

Magna Carta

A

1215

right to a fair trial

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22
Q

bill of rights

A

1689
limits on power of monarch
enhance status of parliament

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23
Q

act of settlement

A

1701

barred roman catholics/those married to from taking the throne

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24
Q

Acts of union

A

1707
England and Scotland formed GB
governed from Westminster

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25
Q

parliament acts

A

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

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26
Q

European communities act

A

1972
act that took uk into EEC
incorporated treaty of rome

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27
Q

example of difference in flexibility in codified constitutions

A

1958 French 5th republic amended 17 times in 50 yrs

only been 17 in US one since 1791

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28
Q

why is judicial review limited when there is an uncodified constitution

A

no document to determine what is ‘unconstitutional’

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29
Q

when are codified constitutions made

A

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

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30
Q

features of a codified constitution

A

one document
easily accessable to citizens
implies constitutional rules are higher than all other laws

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31
Q

features of an uncodified constitution

A

not written down
some parts can be written down and others just exist
constitutional laws have the same status as ordinary laws

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32
Q

uncodified constitutions examples

A

Britain, Israel and new Zealand

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33
Q

divine right of kings

A

monarch believed they were chosen by God

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34
Q

royal prerogative

A

power+authority belonging to monarch alone

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35
Q

why was the signing of the magna carta so significant

A

limited authority of monarch

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36
Q

how did magna carta help establish rule of law

A

prevented the king being above the law

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37
Q

how did the case of proclamations (1610) weaken the royal prerogative

A

parliament gained power

king couldn’t change common law

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38
Q

what led to the petition of right (1628)

A

parliament refused to pay charles 1 for war with france king tried forcing people for funding

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39
Q

what did the petition of right impose (1628)

A

no taxes levied without parliaments consent

no imprisonment without cause

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40
Q

when did the UK adopt a codified constitution

A

after the execution of charles 1

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41
Q

why didnt england’s codified constitution last

A

under richards control the republic fell apart

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42
Q

why is the bill of rights so important to our uncodified constitution

A

transferred power from monarchy to parliament

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43
Q

why did parliamentary sovereignty make having a codified constitution less likely

A

not possible to entrench higher laws in codified constitution as long as parliament can make/unmake any law

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44
Q

5 sources of the British constitution

A 
statute law 
common law 
conventions 
authoritative works 
european law and treaties
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45
Q

what is statute law

A

law created by parliament

acts approved by commons,lords and monarch

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46
Q

how is statute law implemented

A

by the executive+enforced by courts

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47
Q

why is statute law the supreme source of constitutional law

A

because parliament is sovereign

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48
Q

important historical constitutional acts

A

Great Reform Act 1832
Parliament Acts 1911/49
ECA 1972 (treaty of rome into uk law)

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49
Q

recent examples of constitutional reform

A

Scotland Act 1998 (scottish parliament created)
HRA 1998 (ECHR into uk law)
FTP 2011 5 year elections

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50
Q

how was the franchise extended in 1832

A

lowered property requirements

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51
Q

common law

A

law coming from general customs,traditions or decisions of judges

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52
Q

how do judges in the uk establish a legal position where statute law is absent or unclear

A

judicial review

53
Q

how does the government of the day overturn common law precedent

A

parliament is sovereign and statute law is supreme so gov can pass an act of parliament

54
Q

example of a convention that has been accepted as legally binding thus become a common law

A

royal prerogative

55
Q

what does the power of royal prerogative include

A

appointment of ministers+prime minister
royal assent on legislation
declare war+negotiate treaties

56
Q

what royal prerogative power was ended by the fixed term parliament act 2011

A

power to dissolve parliament

57
Q

convention

A

rules considered to be binding but are not codified or legally enforcable

58
Q

2011 cabinet manual

A

a single document containing conventions

59
Q

how do conventions have such authority

A

their usage over an extended period of time

60
Q

example of a convention

A

monarch must give their assent to acts of parliament
no monarch has refused since 1707
queen anne scottish militias

61
Q

example of a relatively new convention

A

Gordon Brown, UK will not delcare war without parliamentary vote

62
Q

where can common law be found

A

court records,reports and books

63
Q

which courts have the power to establish precedents

A

court of appeal (criminal+civil)

supreme court

64
Q

relationship between statute and common law

A

statute law takes precedent

65
Q

main difference between conventions and law

A

conventions aren’t legally binding

can only be ‘political punishments’

66
Q

examples of authoritative texts (3)

A

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
Q

authoritative texts

A

books written by constitutional experts

act as guides containing key principle

68
Q

European Union Law

A

european law takes precedent over UK law

69
Q

unitary state

A

sovereignty is located at the centre

central gov has supremacy over other tiers of gov

70
Q

what was be the impact on the sources of the constiution if the UK leave the EU

A

EU law wouldn’t take precedent over UK

71
Q

what did May’s Great Repeal Bill include

A

UK would incorporate all existing EU law into UK statute law

72
Q

4 key principles which underpin the UK constitution

A

unitary state
parliamentary sovereignty
rule of law
parliamentary gov under constitutional monarchy

73
Q

sovereignty

A

legal supremacy

74
Q

what is parliamentary sovereignty constructed around (3)

A

parliament legislate on any subject
legislation can’t be over turned by higher authority
no parliament can bind its successors

75
Q

what has raised questions about the doctrine of parliamentary sovereignty

A

EU membership
devolution
referendums

76
Q

example of devolved powers

A

under new labour

scottish parliament granted tax varying powers

77
Q

rule of law

A

relationship between state and citizens

78
Q

what are the three main strands of rule of law (according to A.V Dicey)

A

no one punished without trial

no one is above the law

79
Q

civil liberties

A

fundamental individual rights and freedoms that ought to be protected from interference or encroachment by the state

80
Q

what is the traditional british constitution (unitary or not)

A

unitary

81
Q

features of a unitary constitution

A

weak regional gov

local gov has little power

82
Q

how did Vernon Bogdanor describe the UK as opposed to a unitary state

A

‘nation of nations’

83
Q

what did the glorious revolution of 1689 establish

A

supremacy of parliament over the monarchy

84
Q

cabinet government

A

executive power is with a group of people not just one

under the doctrine of collective responsibility

85
Q

strengths of the UK constitution

A

adaptability
strong government
accountability

86
Q

weaknesses of the UK constitution

A

outdated+undemocratic
concentration of power
lack of clarity

87
Q

explain how adaptability is a strength of the UK constitution

A

constitution evolved along with the times
is pragmatic+organic
don’t need super majorities
prevents conflict

88
Q

explain how strong government is a strength of the UK constitution

A

easier for gov to implement their political objectives

legislation doesn’t have to comply with a higher rule

89
Q

explain how outdated and undemocratic is a weakness of the UK constitution

A

the royal prerogative (outdated)

hereditary principle hard to justify in a liberal democracy

90
Q

explain how concentration of power is a weakness of the UK constitution

A

too much at centre
combination of parliamentary sovereignty and uncodified constitution
gov with large majority can force through legislation
seen as ‘elected dictatorship’

91
Q

explain how lack of clarity is a weakness of the UK constitution

A

not always clear if gov has acted unconstitutionally

rights and responsibilities of citizens isn’t clear

92
Q

example of a group wanted constiutional change

A

charter 88 (now unlock democracy)

93
Q

what were the four areas of constitutional reform that labour were promising in the run up to the 1997 general election

A

modernisation
democratisation
decentralisation
rights

94
Q

modernisation

A

insitutions such as parliament need reform

95
Q

democratisation

A

electoral reform

more referendums

96
Q

decentralisation

A

devolving powers to scotland wales+northern ireland

97
Q

rights

A

strengthen and safeguard them

98
Q

constitutional reform act 2005

A

bought changes to the judiciary

99
Q

why was not a lot of constitutional reform achieved during browns times in government (07-10)

A

economic crisis and its impacts

100
Q

new labours constiutional reforms under the rights theme

A

1998 HRA

2000 FOI

101
Q

new labours constitutional reforms under the devolution theme

A

NRA primary legislative power
WA secondary power
directly elected mayor

102
Q

new labours constitutional reforms under the electoral reform theme

A

new system for devolved assemblies, EP and elected mayors

103
Q

what did the human rights act do

A

enshrineed most pro

104
Q

examples of some rights the HRA protects

A 
right to;
life
fair trial
private+family life 
freedom of thought/expression
105
Q

what do all bills in westminster have to comply with

A

HRA

106
Q

when can there be temporary exemptions from bills not being compatible with HRA

A

times of crisis e.g 9/11

allowed the detention of foreign nationals suspected of terrorist activity

107
Q

asymetric devolution

A

political arrangments are not uniform

108
Q

west lothian question

A

why should scottish MPs be allowed to vote on english matters in westminster
english MPs cant vote on devolved scottish matters

109
Q

what power did Blair give to the london mayor

A

environmental and transport
resulting in congestion charges
london assembly was created for scrutiny (mayor gaining power)

110
Q

parliamentary reform to the lords

A

house of lords reform 1999

abolished the right of all but 92 hereditary peers

111
Q

what were the recommendations put forward by the 2009 reform of the house of commons committee which came into force (weren’t that signifcant)

A

chair of select committee elected by backbenchers

petitions committee selecting e-petitions

112
Q

what happened as a result of the constitutional reform act 2005

A

supreme court in 2009
removed judicial role of HoL
enhanced seperation of powers
reduce role of lord chancellor

113
Q

can the supreme court strike down legislation

A

no

114
Q

example of constitutional reform which wasn’t passed during coalition government

A

reducing the number of MPs

115
Q

protection of freedoms act 2012

A

offered people more protection from the state

more scrutiny e.g of data collection

116
Q

house of lords reform act 2014

A

peers could be removed for not attending/criminal offenc
right to retire/resign
by 2016 54 resigned
4 removed- non attendances

117
Q

wales act 2014

A

further devolution to wales

e.g control of smaller taxes

118
Q

english votes for english laws

A

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
Q

Scotland act 2016

A

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
Q

How does a codified constitution tackle the idea of an ‘elected dictatorship’

A

Sets limits on the power of the executive

Introduces more checks and balances

121
Q

What’s the danger with a codified constitution

A

Only reflects the mood of the times, opinions often changes

E.g US difficulty over second amendment right to bear arms

122
Q

Who would gain more power from a codified constitution

A

Judges

123
Q

Should the UK codify it’s constitution (YES)

A

Logical after all the recent reform
Greater clarity
Reference for courts
Limit state power

124
Q

Should the uk codify it’s constitution (NO)

A

Pragmatic adaption has worked well
No agreed process on how to do it
No consensus on what it should include
Difficult to amend

125
Q

‘Reviving the health of our democracy’ by electoral reform society
What did they argue

A

Constitution should be remodelled on:
Active participation+engagement
Fair representation
Good governance

126
Q

What changes were suggested by electoral reform society under encouraging active participation and engagement

A

Simplify voter registration
Lower voting age 16
Wider use of e democracy
Opening candidate selection

127
Q

What changes were suggested by electoral reform society under delivering fair representation

A

Electoral reform

Redrawing election districts

128
Q

What changes were suggested by electoral reform society under providing for good governance and restoring trust

A

Complete lords reform
Modernising the commons
Enhancing local democracy

UK Politics (AK) (5 decks)

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