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old a-level politics decks > The Constitution > Flashcards

The Constitution Flashcards

1
Q

What is a constitution?

A

A constitution is a body of rules that defines the manner in which a state or society is organised

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2
Q

What does a constitution set out?

A

It sets out the way in which sovereign power is distributed between the government and the people, and between government’s constituent parts

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3
Q

What are the two types of constitution?

A
  • codified
  • un-codified
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4
Q

What type constitution does the UK fall under?

A

an un-codified and unentrenched constitution

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5
Q

What is the format of a

  • codified constitution
  • un-codified constitution ?
A

codified- a single authoritative document
un-codfied-a less tangible constitution, drawing up upon a range of written and unwritten sources

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6
Q

What is an example of a country with a
*codified
*un-codified
constitutions?

A
  • USA
  • UK
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7
Q

What are the 5 main sources of the British Constitution?

A

1) Statute law
2) Common law
3) Conventions
4) EU laws and treaties
5) Works of authority

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8
Q

What is constitutional statute law ?

A

those Acts of Parliament that play a key role in defining the relationship between the government and the people or between different elements of government

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9
Q

What are 3 examples of statute law?

A
  • Human Rights Act 1998
  • Parliament Acts 1911 and 1949
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10
Q

What is the supreme source of the UK constitution?

A

statute law

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11
Q

What can pass a new statute or unmake any existing law and overturn any other constitutional practise?

A

the doctrine of parliamentary sovereignty

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12
Q

What is Parliamentary Sovereignty?

A

the doctrine of parliamentary sovereignty holds that the Westminster Parliament retains supreme political power within the UK system of government

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13
Q

What is common law also referred to as?

A

case law

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14
Q

What is common law?

A

this refers to established customs and legal precedent developed through the actions of judges

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15
Q

What were most traditional civil liberties available to UK citizens such as freedom of speech established by?

A

common law

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16
Q

What is the royal prerogative rooted in?

A

common law

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17
Q

What is the royal prerogative?

A

this consists of those powers traditionally exercised by the monarch. Many of these powers are now exercised by the PM on behalf of the monarch

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18
Q

What are conventions?

A

conventions are traditions or customs that have evolved over time and become accepted rules of behaviour

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19
Q

Do conventions have legal standing?

A

no

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20
Q

Why can conventions be easily overturned with the passing of a parliamentary statute?

A

as they have no legal standing

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21
Q

What doctrine of cabinet is rooted in convention?

A

Collective responsibility

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22
Q

What is collective responsibility?

A

This is the principle that as decisions are taken collectively within cabinet, cabinet members are expected to support publicly those decisions made or resign their posts

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23
Q

Under what Act did the UK incorporate the Treaty of Rome 1957 into UK law?

A

European Communities Act 1972

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24
Q

What impact did the incorporation of the Treaty of Rome 1957 have on the UK law?

A

This gave EU laws and treaties precedence over our own national laws

25
Q

Although UK law is bound by EU laws, what does parliament have the right to do?

A

They have the right to repeal the 1972 Act and subsequent treaties, and thereby withdraw from the EU

26
Q

What are Works of Authority?

A

These are scholarly texts which serve to codify practices not outlined on paper else where

27
Q

What authority do ‘Works of Authority’ have?

A

a persuasive authority

28
Q

What gives Works of Authority certain status?

A

the fact that many of them have been used as constitutional references for well over 100 years

29
Q

Who are four authors of ‘Works of Authority’?

A
  • Walter Bagehot
  • Erskine May
  • A.V Dicey
  • Gus O’Donnell
30
Q

What book did Walter Bagehot write?

A

‘The English Constitution 1867’

31
Q

What book did Erskine May write?

A

‘Parliamentary Practise 1844’

32
Q

What book did A.V Dicey write?

A

‘An Introduction to the Study of the Law of the Constitution 1885’

33
Q

Although statute law has historically been said to be the supreme source of the UK constitution, what recently have seen the primacy of statute law questioned?

A

The expansion in the range and depth of EU laws and regulations

34
Q

What authorative book did Gus O’Donnell write?

A

The guidance on how to form a coalition government.

35
Q

How many years in opposition had Labour faced before their victory in 1997?

A

18 years

36
Q

What was the commons majority Labour won in 1997?

A

a 179 seat majority

37
Q

How many hereditary peers were left after the House of Lords Act 1999?

A

92

38
Q

Why was the second stage of Lords reform stalled in 2003?

A

Parliament rejected all 8 models for a reformed chamber

39
Q

How many models of lord reform were proposed in Parliament in 2003?

A

8 models

40
Q

Why were attempts in 2007 to revive the reform process of the lords dropped?

A

as the Commons voted for an entirely elected second chamber and the Lords gave it support to an entirely appointed model

41
Q

Who suggested that AV+ should be adopted for general elections?

A

the Jenkins Commission

42
Q

When was the hybrid system AMS (FPTP top up) used? (2)

A

in the Scottish Parliament elections and Welsh Assembly

43
Q

Under PPERA 2000 what did Labour establish ?

A

an independent Electoral Commission

44
Q

What were the 3 tasks of the independent Electoral Commission?

A

to monitor elections, regulating party funding and expenditure and organising referendums

45
Q

What did the HRA 1998 incorporate?

A

it incorporated most of the provisions of the ECHR into the UK law

46
Q

What did the HRA 1998 allow citizens?

A

This allowed citizens to seek redress in UK courts without having to go to the ECHR in Strasbourg

47
Q

Where is the ECHR?

A

Strasbourg

48
Q

What did the Freedom of Information Act 2000 give citizens the right to?

A

the right to request information held by public bodies

49
Q

What did the Constitutional Reform Act 2005 do?

A

this established a new UK Supreme Court which took on virtually all the judicial role previously performed by the HOL

50
Q

When did the Supreme Court open?

A

October 2009

51
Q

What did the Constitutional Reform Act establish to appoint senior judges?

A

an Independent Judicial Appointments Commission

52
Q

In Labour’s time in government 1997-2010, what changes were made in London ? (3)

A
  • Given an elected Mayor
  • Given a strategic authority (the Greater London Authority)
  • Given a 25 member elected assembly (The Great London Assembly)
53
Q

What did the Northern Ireland Act 1998 establish?

A

a Northern Ireland Assembly and power-sharing executive

54
Q

When was the referendum which granted the Welsh Assembly primary legislative powers in many areas of policy?

A

March 2011

55
Q

When was the coalition’s HOL Reform Draft Bill ?

A

2011

56
Q

What electoral system was given a UK-wide referendum by the coalition?

A

AV

57
Q

What are the 6 sources of the UK Constitution?

A

statute law, common law, conventions, landmark decisions, authoritative works, treaties

58
Q

What are the reforming acts of Parliament?

A

Scotland Act 1998, Human Rights Act 1998, Equality Act 2010, Marriage (Same Sex Couples) Act 2013

old a-level politics decks (1 decks)

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