Terms Flashcards
Judicial Neutrality
Judges must be fair and free from any partisanship or personal bias
Judicial Independence
The principle that judges decide cases according to their own judgement, free from the influence, control or interference of the legislature and executive
Elective Dictatorship
Term coined by Lord Hailsham
Power had become concentrated in the hands of the executive and the only real check on executive power is the periodic hold of general election (ballot box)
Free Vote
A Parliamentary vote where MPs or Lords are not pressurised (whipped) by their parties to vote a certain way
European Union (EU)
An association of 27 states (28 until UK’s recent departure) originally founded as European Economic Community in 1957, which evolved into a political and economic union
Unanimous Voting (UV)
Some EU proposals are decided by unanimous consent of member states
Qualified Majority Voting (QMV)
Some EU proposals can pass without every single country agreeing
Legal Sovereignty
Ultimate authority to make laws that will be enforced within the state
Political Sovereignty
Where political power lies in reality
Real power lies with those bodies which are able to determine what political decisions are actually made
Sovereignty
Ultimate political and legal control and authority
The Constitution
A set of principles, which may be written or unwritten, setting out:
The distribution of power within a political system
Relationship between and workings of political institutions
Limits of government jurisdiction
Rights of citizens
Method of amending the constitution itself
Constitutional Government
Government that is constrained by a constitution and by constitutional principles
Absolute Government
Government that faces no legal constraints and so has absolute power
Bill of Rights (UK)
It sets limits on the power of the monarch, established the rights of both Parliament and of individuals (based on the ideas of John Locke)
Fusion of Powers
Where the branches of the executive and legislature are intermingled
Checks and balances
Where each branch of government has a form of control over the others to prevent one branch having total control
Devolution
The distribution of power (but not sovereignty) to lower institutions
Codified Constitution
Written in a single document, entrenched, judicable (comprised of ‘higher law’)
Uncodified Constitution
Not written in a single document, combines written and unwritten elements, unentrenched, is not ‘higher law’
Unitary
Sovereignty resides in one location at the centre
Federal
Sovereignty is divided between central bodies and regional institutions
Asymmetrical Devolution
Different part of the UK had different devolution arrangements
West Lothian Question
The problem that issues which only affect England (due to devolution) are voted on by Scottish, Welsh and Northern Irish MPs but not the reverse
Constitutionalism
The principle that the power of government should be constrained