Test 2 Flashcards
Constitution
A body of fundamental principles by which a state is governed
De Jure
Legally speaking, in law
De Facto
In fact or reality
Polity
A politically constituted unit, such as a state or other organized body
Types of State Displacement
Revolution, Military defeat & post war occupation, Independence from colonial rule, Collapse of existing state
Codified Constitution
A constitution which is contained in a single document and is the sole source of supreme law in a state
Stability
Need to quickly establish a governing ‘rule set’ to avoid anarchy
Legitimacy
Need to pursue widespread acceptance of these new rules
Demarcation
Need to fundamentally distinguish new state from the former one
Uncodified Constitution
A constitution comprised of multiple sources, which may be written or unwritten (such as traditions) that collectively serve as a governing formula
Entrenched Constitution
Constitutional law is recognized as supreme and given protections (i.e. ‘extraordinary’ amendment requirements) not afforded to other types of laws (i.e. codified systems)
Un-entrenched Constitution
Constitutional laws are not recognized as difference or supreme can thus be modified as easily as statutory laws (i.e. uncodified systems)
Entrenchment
The legal procedures established to govern the modification of a constitution
Statutory Law
Law set down by a state’s legislature
Parliamentary Sovereignty
A doctrine stipulating that acts passed by parliament are the supreme and final sources of law
United Kingdom (four constituent elements)
England, Scotland, Wales, Northern Ireland
Anti-Social Behavior Order (ASBO)
An especially far reaching ability of government to slap a sort of heavy-duty restraining order on people for being “anti-social”
UK Parliament
Bicameral, but both chambers are not created equal
UK Parliament Upper House
House of Lords (indirectly elected or appointed, suspensive veto authority)
UK Parliament Lower House
House of Commons (directly elected, granted full veto power, nearly always designates the executive)
Suspensive Veto
The ability to force reconsideration of legislation passed by another body, but not stop it
Peer
a member of the British House of Lords (appointed by Queen/Prime Minister)
Life Peerages
Granted to individuals who serve until their death
Hereditary Peerages
Given to families and can be passed on
Concentration of Power in Westminster-Style Systems
Parliamentary Sovereignty, The Majority cannot be overridden, The ‘Government’ controls the legislative agenda, The Prime Minister ‘guides’ the Government
Party Manifesto
An explicit statement of policies a party will enact if it wins a majority of seats available in a parliamentary election
Devolution
The transfer of powers and functions from a higher to a lower (national to subnational) level of government without constitutional change
Criticisms of Devolution
Lack of Parity, Weaking of National Sovereignty, Increasing tensions between regions
Control Order
Policy allowing UK to sharply restrict a person’s liberties on the ‘suspicion’ that they pose a terrorist threat to the public
Habeas Corpus
The right not to be held without charge
Due Process
The right to trial and to challenge evidence brought against you
Double Jeopardy
The right not to be tried more than once for the same crime
Irish Republicans
Those who advocate unification of Northern Ireland and the Republic of Ireland
Unionists
Those in Northern Ireland who wish to remain part of the United Kingdom
The Troubles
A period of armed hostilities between Catholics and Protestants in Northern Ireland during the 1960s - 1990s
Irish Republican Army (IRA)
A parliamentary organization fighting to end British rule in Northern Ireland
Internment
The confinement without trial or charge of groups of people on the suspicion that they pose a security threat
Good Friday Agreement
A 1998 peace treaty designed to end hostilities between Republican and Unionist parties and parliamentaries
Decommissioning
The process of voluntary disarmament by parliaments in Northern Ireland as part of the peace process
