Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Politics - Unit 5 - UK Constitution > 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, often establishing checks and balances between the political institutions (e.g. executive, legislature, judiciary, federal gvt vs states)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What does a constitution set out?

A

Limits on gvt power, protects rights of the citizens, and establishes relationship between gvt and people.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What can no constitution do?

A

No constitution can spell out exactly what should happen in every eventuality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Although no constitution can spell out exactly what should happen in every eventuality what does it provide?

A

It simply provides a framework upon which more complex rules, structure and processes can be built

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A
  • USA

- UK

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are 3 examples of statute law?

A
  • Human Rights Act 1998

- Parliament Acts 1911 and 1949

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the supreme source of the UK constitution?

A

statute law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is common law also referred to as?

A

case law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is common law?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the royal prerogative rooted in?

A

common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

18
Q

What are conventions?

A

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

19
Q

Do conventions have legal standing?

A

no

20
Q

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

A

as they have no legal standing

21
Q

What doctrine of cabinet is rooted in convention?

A

Collective responsibility

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

23
Q

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

A

European Communities Act 1972

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 three authors of ‘Works of Authority’?

A
  • Walter Bagehot
  • Erskine May
  • A.V Dicey
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

Give 5 words to describe the UK constitution

A

Uncodified, Unentrenched, Flexible, unified & based around parliamentary sovereignty.

35
Q

Why is the UK constitution often described as evolutionary?

A

It developed over a long period of time with small changes. Most codified constitutions are a result of civil war or revolution.

36
Q

What does having an unentrenched constitution mean for the UK?

A

It means constitutional laws have no different status to other UK laws and can be changed with a simple act of Parliament.
This is also one of the reasons why the UK Supreme Court has limited powers to amend UK laws due to their being no ‘higher laws’.

37
Q

What does it mean to say that the UK constitution is unitary?

A

Sovereignty rests in a single source (Parliament). Although devolved assemblies have law making powers, these powers are granted to them by parliament and could in theory be removed or abolished.

38
Q

Give an example of UK Parliament taking back power from a devolved body.

A

Thatcher abolished the Greater London council in 1985 (Blair brought back the London Mayor in the 90s).

Northern Ireland is a different situation. The UK gvt took back control over N.I. whilst their parliament wasn’t sitting due to disagreements between unionists and nationalists.

39
Q

What are the ‘twin pillars’ of the UK constitution?

A

Parliamentary Sovereignty and the Rule of Law

40
Q

Explain Parliamentary Sovereignty

A

Supreme power rests with the Westminster Parliament. This is seen as a fundamental element of the constitution. No parliament can bind future parliaments. Parliament can always change the constitution.

41
Q

Why do some argue that Parliamentary sovereignty is an illusion?

A

Because they argue that power actually is distributed to others due to executive dominance, devolution, increased use of referendums and pooled sovereignty to international institutions such as the EU.

42
Q

Explain ‘the rule of law’

A

Everyone and all institutions are bound by the law and no-one is above it - including the government.

One of the Supreme Court’s roles is to ensure that the law is fairly and consistently applied to all.

Politics - Unit 5 - UK Constitution (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions