The British Constitution Flashcards
What is a constitution
Defines the fundamental political principles and establishes the structure, procedures, powers and duties of a government
What is a constitution usually formed due to
Internal upheaval in a country
Eg civil war or revolution
What is the purpose of a constitution
Gives legitimacy to those in power
Protects the freedom of the public
Encourages government stability
Draws attention to goals and values which are important to the state
Creates a fresh start after a period of upheaval
What is the standard format of constitutions
1) preamble - introduction which sets out the core aims and values of the government
2) organisational statement- describing main institutions of government
3) bill of rights- a statement of individual rights and freedoms
4) amendments- additions or changes to the constitution made after its date of ratification
What are the four characteristics of a constitution
Name and explain
Codified- written and brought together in a single,clear document
Uncodified- sources of constitutional powers exist in many different documents and places
Unitary- all power is concentrated in the central govt
Federal- there is a clear division of power between central and various regional units
What type of constitution is the UK argued to have
A quasi-unitary constitution
-has devolved power to the regional government and could not successfully repeal these powers without a constitutional crisis; however laws at Westminster still have precedent over regional laws
What are the three key elements of the British constitution
1) it is uncodified
2) it is unitary
3) it is flexible
How long has the UK constitution been formed over
Centuries, even argued to date back to 1066 and the Norman Conquest
Why is the manga carter significant
It has the first signs of the monarchs power being spread out amongst people
The council of barons paved way for a British parliament
Why is the 1689 bill of rights significant
Influenced by John Locke
Set out basic civil rights
Lays down limits on the powers of the monarch (eg army becomes under power of parliament)
Established free elections which are not influenced by govt
What did the act of settlement 1701 establish
The principle that the monarch could choose its ministers and the ministers have to have the majority support in parliament.
Why are the parliament acts 1911 and 1949 significant
1911-Removed powers of lords to block bills by imposing a maximum 2 year delay
1949-reduced to 1 year
What is the Salisbury doctrine
Means that the lords cannot block any legislation that is within the parties manifesto
What is the European communities act 1972
Legislated the UK to join the European community
What are the UKs five sources of constitution
Statute law Common law Conventions European laws Authorative works
Describe statute law
Law derived from acts of parliament and subordinate legislation
It is created by parliament and must be approved by the House of Commons, lords and monarch
Describe common law
Law derived from general customs or traditions and the decisions of judges
What is conventions
Rules or norms of behaviour that are considered binding
They are not codified or legally enforceable
What is parliamentary sovereignty
The idea that parliament has legal supremacy
What is constitutional reform
Is it easy to reform in the UK
The means by which changes are made to the way that the UK is governed
Very easy due to the uncodified nature of the UK constitution
Give two examples of UK constitutional reform
The fixed term parliament act 2011
Freedom of information act 2000
Is constitutional reform easy in America
Not really
A constitutional amendment is required which has to be ratified by the House of Representatives, the senate and 2/3s of the state.
When labour won the 1997 election, they promised a programme of constitutional reform driven by four key themes, what were these themes
MODERNISATION- parliament, central executive and civil service was all outdated
DEMOCRATISATION- participation would be encouraged through electoral reform and the greater use of referendums
DECENTRALISATION-decision making power is devolved to new institutions
RIGHTS-the rights of citizens would be strengthened and safeguarded
What bill protects the rights and freedoms of all citizens
Human Rights Act
What is devolution
The transfer of power from central government to sub national institutions
What does quasi-federalism mean
Where the central government of a unitary state power devolves some of its powers to sub national governments
Exhibits features of a unitary state and a federal state
Blair attempted to acheive electoral reform, this did not happen as such, but what occurred instead
The new devolved institutions adopted different electoral systems
Eg London assembly uses AMS
Additionally labour attempted parliamentary reform, what happened
Abolished all but 92 hereditary peers
This was supposed to be the first of numerous reforms however there has been no second stage as of yet
Also PMQs changed to one half hour slot in middle of the week
What did the constitutional reform act in 2005 acheive
A new UK Supreme Court, they were independent from hoL and were given there own building to emphasise the separation of powers
What did the coalition government achieve in terms of constitutional change
Freedom Bill- protection from public sector intrusions
A referendum on AV voting for UK elections
Set a five year fixed term for parliament
House of Lords act 2014- allowed peers to retire and resign
What did the McKay commission investigate
The consequences of devolution- recommended that only English MPs should be allowed to vote on measures which affect only England
Why should the UK stick with its uncodified constitution
It is difficult to amend a codified constitution- amendments can only come from a 2/3 majority or a public vote or referendum
Means constitutional change is much easier. Eg in America it is difficult to ban guns as it is a statutory right. However in the UK after the incident at dunblane, a simple act of parliament banned all handguns
Name 3 reasons why we should have a codified constitution
- Government can implement radical policies and they cannot be ruled unconstitutional
- our current system concentrates too much power into the hands of the executive and the codified constitution would prevent this
- some of the conventions which make up our uncodified constitution are vague and difficult to enforce
