The Constitution Flashcards
What is entrenchment?
Constitutional laws are protected from change
Is the UK entrenched?
NO! There is no entrenchment in the UK
Is the US entrenched?
YES! The is entrenchment in the US
What is an Uncodified Constitution?
Not all laws are together in one document
What is a Codified Constitution?
Laws are set out in a single document
Laws in the US due to its codified constitution are difficult to…
amend or remove (are ‘the highest law of the land’)
What is Statute Law?
Laws passed by Parliament. They are sovereign because Parliament is. MOST SIGNIFICANT SOURCE IN THE UK CONSTITUTION
What is an example of a statute law?
The Freedom of Information Act (2000).
So has legal standing
What are Works of Authority/ Authoritative Works?
Books written to help explain the workings of the UK’s uncodified and complicated constitutional arrangements.
Do works of authority have legal standing?
Not binding but are strong guidance. Are now considered part of the constitution as they’re vital to our understanding - words of advice.
What is an example of a work of authority?
Erskine May’s parliamentary Practice (1844)
What is Common Law (and case law)?
Judges make decisions based on long-established practices. All similar cases are treated in the same way once the senior judiciary has decided on a case (principle of procedures)
Does Common Law have legal standing?
Yes, has equal authority to Statute Law
What is an example of Common Law?
Prerogative powers (and snails & ginger beer)
Pro and Con of Common Law
Pro - Take some law-making pressure off of Parliament
Con - Slow, reactive rather than proactive
What are Conventions?
Not laws but traditions and customs (enforced on a political person)
Do Conventions have legal standing?
Not binding but are strong guidance (words of advice)
What is an example of a Convention?
A PM resigning after losing an election
Is the UK constitution flexible or rigid?
Flexible (change without a lengthy process)
Is the US constitution flexible or rigid?
Rigid (an amendment requires a 2/3 majority vote in Congress)
Is the UK judiciable or non-judiciable?
Non-judiciable (Judges can’t challenge Parliaments ability to make or amend Statute Laws)
Is the US judiciable or non-judiciable?
Un-judiciable - a constitutional court decides if government action or laws passed by the legislature are ‘Constitutional’
Constitutional changes - 1998 (1)
House of Lords Reform - Abolition of all but 92 hereditary peers
Constitutional changes - 1998 (2)
Human Rights Act - Bill of Rights
Constitutional changes - 2000
Freedom of Information Act - the ‘right to know’ (public access to any government department held documents)
Constitutional changes - 2011
Fixed Term Parliament Act - elections to be held every 5 years
What does the UK’s unentrenchment mean through its uncodified constitution?
Can be altered relatively easily, by a simple majority vote in Parliament (no special legal procedure). All laws have legal status
What does the US’s entrenchment mean through its codified constitution?
Has a higher status than ordinary laws
Is the US unitary or federal?
It is federal - authority is constitutionally divided between various regions.
Is the UK unitary or federal?
It is unitary (‘Union state’) - sovereignty has traditionally been located at the centre, with the component parts of the country (England, Scotland, Wales and NI) and are all run from London, being treated in a similar way
Parliaments power over its unitary state
The distribution of power between the central and regional governments of the UK can still be altered by act of Parliament
What is the rule of law?
The idea that the actions of the state are limited by law - this is argued to be the main way in which the rights and liberties of citizens are protected
Why is it important to respect the rule of law?
It acts as a check on parliamentary sovereignty (however in theory this may take away the people’s liberty)
Under the rule of law…
- Everyone is entitled to a fair trial
- All citizens must obey the law and are equal under it
- The judiciary must be independent of political interference
What is EVEL?
English Votes For English Laws
Is the UK evolutionary or revolutionary?
Evolutionary - Has evolved over centuries
Is the US evolutionary or revolutionary?
Revolutionary - systems are usually carefully and clearly designed to ensure all aspects of democracy are included from the beginning
Reasons for a reform of the HoL:
- Full or partial election would raise legitimacy of the second chamber.
- Might create a balance against the power of the Commons.
- Reducing the size would make it more effective.
Reasons against a reform of the HoL
- May challenge the authority of the Commons.
- The current chamber works well.
- Since 1999, the Lords has proved to be a useful check on the executive-dominated Commons. If elected, less likely to hold Commons to account
Who introduced the Fixed Terms Parliament Act and when?
Cameron in 2011
Removed the PM’s power to choose the date of a general election
Devolution (solve the issue of asymmetrical devolution)
English devolution would reduce Westminster sovereignty but provide means to deal with local issues
- 1998 Scotland Act (takes power away from the PM)
The transfer of Westminster’s power to elected, sub-national governments has led to…
a raft of different legislation emanating from these new bodies. For instance, Scottish and Welsh students have their university tuitions fees covered
What’s the West-Lothian Question?
Question raised during devolution debates of whether MPs from N. Ireland, Scotland & Wales, should be able to vote on matters only affecting England
