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UK Politics (the Constitution, ) > The Constitution > Flashcards

The Constitution Flashcards

1
Q

what is a constitution

A

A set of rules which regulates the system of government and politics of a country

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2
Q

Did the UK constitution develop quickly or slowly

A

Slowly - over many centuries

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3
Q

Give 2 reasons Why the UK constitution develop slowly

A

Organic constitution. Shaped by gradual changes in UK society & politics
Never been imposed by a single event eg revolution

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4
Q

What is the Magna Carta

A

1215
An agreement between nobels and King
Established principle of the rule of law
Ie govt must operate within the law & law applies equally to all citizens

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5
Q

What was Bill of Rights

A

1689
An agreement between King and Parliament
Established idea of the sovereignty of parliament over the king in matters of legislation

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6
Q

What was Act of Settlement

A

1701
Established the monarchs position as ruler of England, scotland, wales & ireland
Established that the rules of succession should be determined by parliament

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7
Q

What was Act of Union

A

1707
Dissolved scottish parliament
Established the union of Great Britain & Northern Ireland

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8
Q

What were parliament acts

A

1911 & 1949
Limited the power of the HoL to delaying legislation for one year
Took about power of HoL over financial matters

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9
Q

What was the European Communities Act

A

1972

Established the UK’s entry into the European Community

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10
Q

What was the European (Notification of Withdrawl) act

A

2017

Gave parliamentary approval to the UK’s decision to leave the EU

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11
Q

What are the 4 different principles / properties of constitutions
Can a constitution have more than one principle/property

A 
Yes a constitution can more than one principle.  They are
Codified 
Entrenched
Uncodified
Unentrenched
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12
Q

What is a codified constitution

A

One which is set out in a single document and has a single source
Eg USA 1787 or France 1791 or 1946 or 1958

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13
Q

What is an entrenched constitution

A

One which has special arrangements to safeguard it from being amended by a temporary government or legislature
Eg in USA changes require approval of 2/3 both houses and 3/4 of the 50 states
In Ireland or france changes can only be made after a referendum

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14
Q

What is an uncodified constitution

A

One which is not contained in a single document and has a number of different sources
Eg UK

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15
Q

What is an unentrenched constitution

A

One that can be amended by an individual government or parliament

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16
Q

Is it correct to describe the UK constitution as unwritten

A

No. It is partly written eg constitutional statutes and partly unwritten (conventions)
It is more accurate to describe it is uncodified

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17
Q

What is parliamentary sovereignty

A

This means that legal sovereignty lies ONLY with the Parliament
Eg UK

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18
Q

Does the regining monarch have sovereignty

A

NO

The possibility that the monarch would ever try to exercise sovereignty only exisits in theory

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19
Q

What is a Unitary constitution

A

One which establishes that legal sovereignty resides in one location
Eg UK parliament

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20
Q

What is a federal constitution

A

One where legal sovereignty is divided equally between the central government and regional governments

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21
Q

What is meant by Rule of Law

A

This is the principle that all citizens are equal under the law and that the government is subject to the same laws.

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22
Q

Is power the same as sovereignty

A

No
Sovereignty referes to ultimate power which cannot be overruled by any individual, institution or constitution
Power is weaker. It is the ability to take certian actions which could in theory be overruled by a higher power eg UK Parliament is sovereign but the Prime Minister has considerable power

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23
Q

What is meant by separation of powers

A

A constitutional principle common to most codified constitutions
The powers of different branches of govt are clearly defined and separated
So different branches control each others power

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24
Q

What is the opposite of separation of powers

A

Fusion of powers

Eg UK

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25
Q

What is the difference between the constitutional principles de jure and de facto

A

De jure means in theory
De facto means in practice
Devolution grants sovereignty to scotland de facto as it was confirmed by referendum
The monach could refuse royal assent to legislation de jure but not de facto

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26
Q

Characteristics of uk constitution

A 
Uncodified
Not entrenched
BUT rule of law applies
It is unitary
Powers of the legislature and executive are fused
It is organic and develops naturally
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27
Q

What are the 5 main sources of the UK constitution

A 
Parliamentary statutes
Consitutional conventions
Foreign treaties and agreements
Authoritative works
Common law and tradition
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28
Q

What is a parliamentary statute and give an example

A 
Laws passed by parliament
Human rights act 1998
Contitutional reform act 2005
Freedom of information act
Equality act
Parliaments act
29
Q

What is a constitutional convention and give an example

A

Unwritten rules which are considered to be binding on all members of the political community
Salisbury convention
Collective cabinet responsibility

30
Q

What are foreign treaties or agreements and give an example

A

Agreements with external bodies that bind the UK in some way
Mastrict Treaty with EU (until 2019)
European convention on human rights with council of europe
NATO

31
Q

What are authoratative works and give an example

A

The writings of constitutional experts that clarify the meaning of the constitution

Blackstone’s commentaries. Also Bagehot or Dicey

32
Q

What is common law or tradition and give an example

A

Rules that have been passed down through various judgments in court cases
The rules of parliamentary procedure and discipline
Freedom of expression
Freedom of speech
Freedom of association

33
Q

Give 2 examples of countries with a codified constitution

A 
USA
Germany
France
Spain
Russia
Japan
34
Q

Give 2 examples of countries without a codified constitution

A

UK
New Zealand
Israel

35
Q

What were the reasons for the constitutional reform of 1997-2010

A

The political system needed to be more democratic
The political system was too centralised
Citizens rights were inadequately protected
The political system needed to be modernised

36
Q

Devolution reform 1997-8

A

The transfer of extensive powers away from westminster and Whitehall to governments and elected assemblies in scotland, wales and NI
new electoral systems introduced in the three countries
Scotland & Wales -additional member system
northern ireland - single transferable vote

37
Q

Human rights act 1998

A

Brought the european convention on human rights into UK law

Binding on all bodies except the UK parliament

38
Q

House of Lords Act 1999

A

Removed the voting rights of hundreds of hereditary peers in the HoL
92 hereditary peers kept their rights
Rest of HoL now made up of church of england bishops and appointed peers

39
Q

Greater London Authority Act 1999

A

Introduced an elected mayor for london with extensive powers over policing, planning, social housing, emergency services, tourism etc

40
Q

Freedom of information act 2000

A

Granted the legal right to individuals and organisations to access official information held by all public bodies except for information concerning national security

41
Q

Constitution reform act 2005

A

This took the 12 most senior judges out of the HoL and created instead the supreme court , the highest court of of appeal and legal interpretation in the country
guaranteed the independence of the judiciary,
took the appointment of judges out of the political hands
replaced the lord chancellor (a cabinet minister) with lord chief justice (senior judge) as head of the judiciary

42
Q

Backbench business committee 2010

A

A new backbench committee in the commons given control of 35 days for debate chosen by backbenchers NOT the government

43
Q

Why was increased use of referendums during late 1990’s - 2000’s important

A

Not a single event but the principle was established that important constitutional changes needed to be approved and entrenched by referendum
Although not sure everyone agreed after leave vote of 2016

44
Q

What were the Main points of constitutional reform 2010-2015

A

Coalition government committed to some reforms
Fixed term parliaments act 2011
Wales Act 2014
Recall of MP’s act 2015

45
Q

What was the fixed term parliament act

A

2011
Date of election taken out of PM’s control
Elections every 5 years
Early election can be called if 2/3 HoC agrees or if govt loses a vote of no confidence

46
Q

What is Wales Act 2014

A

Limited extension of devolution in wales

Limited powers to raise ow forms of tax and control that revenue

47
Q

What is recall of MPs act 2015

A

Gives contituents power to order their mp to face a by election if he/she has been guilty of serious misconduct

48
Q

What has been constitutional reform post 2015

A

Overshaddowed by UK leaving EU
Scotland act 2016
Wales act 2017
European union (notification of withdrawl) act 2017
Election of mayors in various cities and regions 2017
English votes for english laws 2017

49
Q

What was Scotland Act

A

2016
Increased devolved powers of scottish govt and parliament
Granted power to set rates of income tax in scotland and determine how money raised should be spent
Act made devolution permanent although subject to the sovereignty of the UK parliament

50
Q

What is Wales act

A

2017
Wales can determine its own electoral system (not for general elections)
Welsh assembly may turn itself into a parliament and take on limited law making functions
Increased powers over various public services also devolved

51
Q

What is european union (notification of withdrawal) act 2017

A

Gives notice of the UK’s intention to leave the EU in march 2019

52
Q

What is english votes for english laws act

A

2017

Mp’s sitting for welsh, scottish or NI seats will not debate or vote on issues affecting England only

53
Q

What are the main objectives of constitutional reform since 2010

A

Decentralise power from london and central govt
Make electionsfairer
To guarantee the UK’s withdrawl from the EU post 2016 referendum

54
Q

Which govt enacted human rights act

A

Labour 1997-2001

55
Q

Which government enacted fixed term parliaments act

A

Conservative led Coalition 2010-215

56
Q

Which government enacted constitutional reform act

A

Labour 2001-2005

57
Q

Which government enacted house of lords act

A

Labour 1997-2001

58
Q

Which government enacted freedom of information act

A

Labour 1997-2001

59
Q

Which government enacted english votes for english laws act

A

Conservative 2015

60
Q

Definition of devolution

A

A process whereby power but not legal sovereignty is distributed away from central govt to regional govt

61
Q

Which countries of the uk had power over health care administration in 2017

A

Scotland, wales and NI

62
Q

Which countries of uk had power over criminal laws in 2017

A

Scotland and NI

63
Q

Which countries of UK had powers over income tax in 2017

A

Scotland

64
Q

Which countries in UK had power over education in 2017

A

Scotland, wales and NI

65
Q

Is devolution a process or an event

A

Process - long term exercise

66
Q

Give 3 arguments in favour of codifying the UK constitution

A

Would prevent the creeping increase in executive power
Would help to improve the sefeguarding of rights
Would educate people about the way in which the government and political system work
Would safeguard the devolution of pwer to the national regions

67
Q

Give 3 arguments against codifying the UK constitution

A

Uk would lose flexibility in its constitutional arrangements
Excessive protection of rights might reduce the govts ability to protect national security
Would be difficult and time consuming to organise the codifying of a aconstitution and organise public approval
A codified constitution like the USA might thrust supreme court into politcal issues and threaten its neutrality and independence

68
Q

What is the Salisbury convention

A

Constitutional convention under which the OoL will not oppose the second or third reading of any government legislation promised in its election manifesto

UK Politics (the Constitution, ) (5 decks)

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