Political systems - Constitutional arrangements Flashcards

1
Q

What is the US constitution?

A

The constitution of the US is the supreme law of the USA.

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2
Q

How many articles did the US constitution initially comprise of?

A

The US constitution originally comprised of 7 articles.

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3
Q

What did the articles of the US constitution involve/entail/what do they do?

A

The first three articles highlight the separation of powers, the third, fourth and fifth define concepts of federalism.

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4
Q

What is federalism?

A

Federalism is the rights and responsibilities of the state government. It means that states have sovereignty and a right to exist - the constitutional independence for individual states.

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5
Q

What is an example of federalism?

A

The 8th amendment to the constitution prohibits ‘cruel and unusual punishment’. However, due to federalism, some states maintain capital punishment.

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6
Q

How many states in the US still have the death penalty?

A

28 states still use capital punishment to this day.

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7
Q

What is a codified constitution?

A

A codified constitution means that the constitution was written in a single document. They contain entrenched writing and are very difficult to abolish or change.

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8
Q

Does the US have a codified constitution?

A

Yes, the USA has a written or codified constitution, written in a single document.

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9
Q

When was the US constitution created and who by?

A

The US constitution was created in 1789 by the founding fathers.

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10
Q

Since its conception, how many amendments have been made to the US constitution?

A

Since its conception, only 27 total amendments have been made.

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11
Q

What is meant by the separation of powers (in the US)?

A

In the USA, no person can hold office in any more than one branch of the government. This is known as the separation of powers.

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12
Q

How are the branches of the USA government structured?

A

The USA has a system where the three branches of government have different constitutional powers that cannot be modified by the other branches.

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13
Q

What are the three branches of the US government?

A
  • The presidency (executive)
  • Congress (Legislative)
  • Supreme court (Judiciary)
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14
Q

What is an example of the branches of government in the US remaining separate?

A

In 2008, Obama had to resign as US senator (legislative branch) to be elected as US president (executive branch).

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15
Q

What is the only way in which branches of government can be altered?

A

Through changes to the US constitution, a very difficult document to change.

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16
Q

What is a quote from President James Madison about the US system of government?

A

A quote from President James Madison is “The system was not designed to maximise efficiency, but to maximise freedom”

17
Q

When was the Magna Carta (the UK “constitution”) created?

A

The Magna Carta was formed in 1215.

18
Q

What did the Magna Carta do/what were its policies?

A
  • Guarantee the protection of the church
  • Protection from illegal imprisonment
  • Access to justice
  • Limitations on payments to the crown
19
Q

What system does the UK operate under?

A

A constitutional monarchy, where the monarch delegates the decision making process to the government.

20
Q

What is an uncodified constitution?

A

Uncodified means there is no legal written document which outlines the legal rights of the citizen. It is more flexible and easy to alter.

21
Q

Does the UK have an uncodified constitution?

A

Yes, the UK has an uncodified constitution - there is no legal document outlining the rights of its citizens.

22
Q

What is an example of one of the largest recent change to the UK constitution?

A

One of the biggest changes was granted by royal assent in 2020 where she ratified the EU withdrawal bill after the UK voted to leave the EU in 2016.

23
Q

What is an example that showcases the flexible nature of the UK constitution?

A

In 2021, Johnston signed the agreement for the UK to leave the EU, showing that the most complex areas of the constitution can be overturned.

24
Q

How limited is the separation of power in the UK?

A

In Britain there is a limited separation of powers between different branches of government.

25
Q

Why is the separation of powers in the UK limited?

A

The prime minister (executive) is also a member of parliament (MP in the legislature) and the Judiciary is appointed by the prime minister.

26
Q

What is the issue with the supreme court, limiting its powers over parliament?

A

The UK supreme court has no constitutional rights of legislative scrutiny and no legislative veto over laws passed by parliament.

27
Q

What is an example of the significant overlap in branches of power in the UK?

A

Boris Johnston was elected to parliament as MP for Uxbridge and South Ruislip in 2015. He was appointed as foreign secretary and took over as prime minister in 2019 and automatically became head of the executive branch.

28
Q

What is caused by the lack of separation of powers in the UK?

A

There is significant overlap in the British constitution, leading to a lack of separation, leading to one party controlling the executive and legislative branches of government - making it easy to pass laws.

29
Q

What is the ‘checks and balances’ in the UK parliament?

A

Parliament is considered supreme. It is based on the idea that parliament can pass any law and no parliament can pass a law that cannot be overturned by the next.

30
Q

What is an example of ‘checks and balances’ in the UK?

A

In 2011, the coalition government introduced an act to make fixed-term five-year parliaments, but a future government can repeal this if it choses.

31
Q

What is a ‘snap’ election and how does it act as a check/balance?

A

A ‘snap’ election can be called before the five-year fixed-term limit if a two-thirds majority of MP’s decide to do so.

32
Q

What does the allowance/legislation of ‘snap’ elections show about the UK parliament regarding checks and balances?

A

It shows that although the UK constitution allows for the executive to wield a lot of power, a system of checks and balances is in place, protecting the citizens.

33
Q

What is a unitary constitution?

A

In a unitary constitution there is only one source of legality for decision-making. All political and legal power lies within the parliament.

34
Q

Does the UK have a unitary constitution?

A

The UK has a unitary constitution.

35
Q

In the UK’s unitary constitution, how relevant are councils and devolved governments?

A

There are other institutions in the UK such as the Scottish government and local governments, however, they only have the power elected to them by Westminster.

36
Q

What is an example of the limited powers of other institutions in the UK?

A

The Scottish devolved parliament holds power over:
- Health
- Education
- Crime fighting

37
Q

What areas are controlled by the UK parliament?

A
  • Defence
  • Immigration
  • Foreign affairs