Politics MEC UK Government Constitution Flashcards
Magna Carta
1215
barons on King John
distinguished monarchy and tyranny
Glorious Revolution
1688
Monarchs William and Mary agreed to be a constitutional monarchy, accepting parliaments restraints
Bill of Rights
1689
frequent parliaments, establishing the start of parliamentary sovereignty
UK constitution is a
PUUF
PUUF
Parliamentary
Uncodified
Unitary
Flexible- Unentrenched
unitary meaning
Power is centralised and given out under one body – Parliament
Parliamentary advantages
Effective government…
* helps make the government stronger
* Due to uncodified nature, statute laws cannot be struck down with government support as it is sovereign
* Meaning, government can be strong and decisive
parliamentary disadvantages
Elective dictatorship…
- Once elected, UK governments can act however they please until re-election due to the sovereignty of parliament, which is controlled by the government of the day
- Due to this concentration of power, the government can re-shape the constitution, creating the impression that the constitution does not exist
Government can easily control parliament with effective whipping and a big majority
parliamentary examples
pros-
- Attlee’s government 1945-51, who set up the NHS and nationalisation
- Thatcher’s government that established privatisation of many industries
cons-
Starmers huge majority with only 34% of vote
currently 26 government whips
uncodified advantages
Flexible…
* Easy to change- all that is needed to change is statue or common law, much easier than a US amendment, as it is not entrenched
* Remains relevant and up to date- adapt easily
uncodified disadvantages
Uncertain…
* It is difficult to know what the constitution says
* Constitutions are more helpful when they are clear
The rules are not clear, especially unwritten ones like conventions, with statue, common laws and authoritative works being scattered in different sources
uncodified examples
pros- devolution in reaction to nationalism in Scotland and Wales
cons- Salisbury convention, Royal prerogative
unitary advantages
Democratic…
* Uncodified- supreme constitutional authority is with the house of commons
* So it emphasises the democratic nature of parliamentary sovereignty
unitary disadvantages
Centralised…
* Over-centralised system
* Government power must be limited in a liberal system of government
* However, our constitution stresses the importance of one over-arching power too much
* Ineffective checks and balances
unitary examples
pros- checks and balances made better by FOI act under Blair
cons- Parliaments Act reduced the power of the House of Lords so they are even less restricted
flexible/unentrenched advantages
History and tradition…
* Has evolved with time, meaning old-fashioned ideas do not become entrenched
* Codified systems codify rights relevant to the time
The British constitution’s flexible nature means that it is given an ‘organic’ character- conservatives tend to think this
flexible/unentrenched disadvantages
Weak protection of rights…
* There is nothing except desire for re-election that prevents a government from violating civil rights and liberties
flexible/unentrenched examples
- pro- leaving EU-The European Union Act 2020 after 1972 European Comunities Act
- con- The Human Rights Act of 1998 improved rights protection, but it did not become an entrenched because provisions can be set aside by parliament, e.g. terrorism legislation
statute law definition and example
laws decided and approved by parliament
most important source
Scotland Act 1998, establishing the Scottish Parliament
common law definition and example
- legal system in England that has developed over time from court decisions, rather than laws made by politicians.
- R v R 1991 case- modern marriages equals
conventions definition and example
unwritten understanding about how something should be done
- Royal Prerogative being used by the PM
- salisbury
- resign if lie to parliament
- debate before war
authoritative works definition and example
books written by constitutional experts explaining how a political system is run
not binding
Walter Bagehot’s - The English Constitution from 1867
B and B Labour 1997 to 2010 devolution pros
- governments closer to their citizens
- more accountable
- more relevant
-much more regionally sensitive - Scotland- almost always supported to be given more responsibilities by Scots
B and B Labour 1997 to 2010 devolution cons
- threatens stability of the UK
-SNP maj. 2016, 2014 Indy Rev - regional unfairness
- West-Lothian Q, EVEL failure
- subordinate devolved bodies
B and B Labour 1997 to 2010 electoral reform pros
-AMS in Scotland and Wales gives smaller parties 1st seats- John Mason Ind. 2024
- STV power-sharing NI- DUP deputy, Sinn Fein 1st
- successful to make it more proportional
B and B Labour 1997 to 2010 electoral reform cons
- disappointing participation- 55% Scotland 2016
- not in Westminster
B and B Labour 1997 to 2010 referendums pros
- representative democracy
- more legitimacy
- sometimes high participation- 72% Brexit