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politics > The constitution > Flashcards

The constitution Flashcards

1
Q

what type of constitutoion do most countries have

A

a codified

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2
Q

what type of constitution does the UK have

A

an Uncodified constitution

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3
Q

whats a constitution

A

a set of rules and procedures that specify how a state is governed

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4
Q

what does the constitution set out

A

the relationship between the state and individual

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5
Q

what does the constitution determine

A

where sovereignity lies

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6
Q

when was the US constitution written

A

1787

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7
Q

how many articles is the US constitution made up of

A

7

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8
Q

how many amendments does the US constitution have

A

27

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9
Q

what other liberal democracies have an uncodified constitution

A

isreil
new zealand

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10
Q

why don’t we call an uncodified constitution an unwritten constitution anymore

A

because there are written parts

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11
Q

what does an uncodified constitution raise questions of

A

clarity and interpretation

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12
Q

where do rules principles and institutions appear in a codified constitution

A

one document

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13
Q

what is special about the powers of the estates in a codified constitution

A

they are defined constrained, sovregnity is clearly identified

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14
Q

what happens about citizens rights in a codified constitution

A

they are identified and safeguarded

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15
Q

whose independance is protected in a codified constitution

A

judiciary

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16
Q

what happens if you want to amend a codified constitution

A

the amendment procedures are set out in the constitution- so you just follow them

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17
Q

what about an uncodified constitution makes it pragmatic

A

its flexible and adaptable to changing curcumstances

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18
Q

why can uncodified constitutions adapt to social change

A

laws are easily amended and the rights of citizens can be adapted to grow with socialy change

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19
Q

why can an uncodified constitution be said to have evolved

A

the principles, institutions and rules have proved their worth over time and survived, they aren’t artificially created.

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20
Q

what is a constitution

A

a set of rules and procedures that specify how a state is governed

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21
Q

what kind of things does a constitution tell you about

A

how people are elected, who has what power and what rights people have

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22
Q

which country has a well known constitution?

A

the US, its constitution covers about 17 pages in a normal textbook

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23
Q

what has to happen to change the us constitution

A

2/3rds of both parts of the legislature and 3/4ths of states have to agree to change the constitution

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24
Q

what sort of things make up the UKs constitution

A

books, laws and traditions

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25
Q

what happens to change the UKs constitution

A

an act of parliament needs to pass

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26
Q

what does the UK normally do if a change to the constitution is proposed

A

a referendum is held but it doesnt have to be

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27
Q

which major process of change that happened recently was caused by a referendum

A

Brexit, its a major change so a referendum was held to see if the people were in favour

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28
Q

which previous changes were agreed on by referendum

A
  • scottish parliament
  • welsh assembly
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29
Q

which chenge was defeated in a referendum

A

2011 vote on changing the voting system used to elect MPs

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30
Q

what change (scot) was defeated by referendum

A

scottish independance

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31
Q

what is the most significant source of the uks constitution

A

statute law

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32
Q

what are statute laws

A

laws passed by parliament, as parliament is sovreign it means statute laws are sovreign

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33
Q

give an example of statute law creating a part of our constitution

A

the freedom of information act (2000)

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34
Q

what do works of authority refer to

A

books writteh to help explain the workings of the UKs uncodified, complicated constitutional arrangements

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35
Q

what have works of authority become to the UK

A

they are considered so vital to our understanding they they have become part of the UKs constitution

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36
Q

give an example of an authoratative work that contributes to our constitution

A

Erskine May parliamentary practice (1844)

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37
Q

what is common law

A

where judges make decisions based on long-established practices or form an opinion on a fair and just outcome

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38
Q

what does the UKs judicical system work on the principle of

A

precedence- which means that once senior judiciary decide on a case similar cases will be considered in the same light

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39
Q

give an example of common law

A

Article 50 of the Treaty on European Union provides for a mechanism for the voluntary and unilateral withdrawal of a country from the European Union (EU).

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40
Q

what are conventions

A

traditions and customs that have developed over the centuries.

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41
Q

what happens if something isnt a law in our constitution

A

it doesn’t make them any less significant than laws

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42
Q

give an example of a convention

A

the idea that a PM should resign after an election

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43
Q

what are the 4 sources of the UK constitution

A

-statute law
- works of authority
- common law
- convention

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44
Q

how has parliamentary sovereignty been eroded?

A

its no longer parliamentary sovereignty as much as it is ‘winning’ party sovereignty- they have an inbuilt majority

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45
Q

how does the perception od who and what is ‘democratically elected’ alter where the power lies?

A

because the power lies with the people and their opinions

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46
Q

how did being in the EU erode parliamentary sovereignty

A

the UK could do nothing agaunst EU laws

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47
Q

how did parliament regain soverignty from the EU

A

brexit

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48
Q

how has devolution edoded parliamentery sovreighnity

A

the uk government ‘should’ hold all the power but if it were to take away scotland/N-ireland’s/Wales’ powers there would be outrage

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49
Q

what would happen if parliament tried to take sovereignty back from devolution

A

there would be outrage- protests would occur and the government may loose the next election

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50
Q

how do referendums erode parliamentary sovereignty

A

they asked the public for answers surely the government shoukd choose and be representing ethe people that was as theyw ere voted for

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51
Q

what can parliament do/not do about its successor and predecessors

A

parliame t is not bound by predecessors but it cannot bind successors

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52
Q

what may parliament do about any power it delegates

A

it can restore the power to itself

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53
Q

what is the source of ALL political power in the UK

A

parliament

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54
Q

what are te three features of a constitution

A
  • codification
  • entrenchment
  • superiority
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55
Q

define codification in relation to the constitution

A

not merely erules being written doen but that they are somehow seperatet to other laws

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56
Q

define entrenchment in relation to the constitution

A

the ability to safeguard the constitution against the whims of short-term politics. it should include difficulty of emending it so that consensus is found.

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57
Q

define superiority in relation to the constitution

A

constitutional law must be seperate from and superior to normal laws, it must take primacyt

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58
Q

how many constitutions in how many years have the french had?

A

5 constitutions in 215 years

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59
Q

who does the law of rule apply to

A

everyone- including the monarch and government

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60
Q

what legislation sets out our rights?

A

the human rights act 1998

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61
Q

where is ‘seperation of powers’ most apparent

A

the UK

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62
Q

Give examples of what our constitution can change that makes it flexible

A

Parties
Monarchy issues
Power of the executive
EU
Suffrage

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63
Q

What’s a unitary government

A

A government where all the power lies in one place- parliament

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64
Q

What is a constitutional monarchy

A

Limits on powers and adoption by ministers

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65
Q

What is the rule of law

A

Everyone including the monarch and government must act within the law

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66
Q

Who caused most nations to believe government should be self-limiting

A

French philosopher Montesquieu

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67
Q

Why is the term seperayion if powers misleading

A

Because powers are shared

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68
Q

Where is the executive drawn from in the Uk

A

The legislature

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69
Q

Why does the legislature do what the executive wants

A

Dominance of cabinet and the whip system

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70
Q

Who appoints senior judges

A

A panel appointed by the head of the executive (PM)

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71
Q

When was the Magna carta

A

1215

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72
Q

Why is the Magna carta important

A

It means no one can be deprived of freedom or properly without due process of law

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73
Q

Why was the Magna carta brought about

A

King John makes consessukjs to the barons who has rebelled against his tyrannical rule but most has been repealed

74
Q

When was the bill of rights

A

1689

75
Q

Why was the bill of rights brought about

A

It was passed by parliament in reaction to James II
William II and Mary II who succeeded him in the glorious revolution accepted these rights

76
Q

Why is the bill of rights important

A

It allows for “regular” parliaments, free elections and freedom of speech within parliament

77
Q

When was the act of settlement

A

1701

78
Q

What does the act of settlement set out

A

Who can be king or queen, it’s largely based on helping out the catholics who had shown a tendency to be in the power- crazed side

79
Q

Why is the act of settlement important

A

It gives parliament the right to decide on the line of succession to the throne

80
Q

When was the acts of union

A

1707

81
Q

What was the acts of union

A

England and Scotland which has been under the same monarch since 1603, now has one shared parliament in Westminster

82
Q

Why was the acts of union important

A

-sets up the UK remaining unchanged until 1997 and devolution

83
Q

What legislation was the last to be attempted to be banned by a monarch

A

Acts of union 1707

84
Q

When was the first parliament act

A

1911

85
Q

What did the first parliament act do

A

Stopped the lords from pausing financial bills

Stop lords from stopping bills- they could delay them for two years

86
Q

When was the second parliament act

A

1949

87
Q

what did the second parliament act do

A

the act reduced the amount of time that the lords could delay a bill to 1 year

88
Q

when was the european communities act

A

1872

89
Q

what did the european communities act do

A

it brought the uk into the EEC (now the EU) and established the idea that eu law would take precedent over uk law

90
Q

when was the brexit withdrawal agreement

A

2020

91
Q

what was the brexit withdrawal agreement

A

it was the treaty that set out the terms of the uk leaving the EU

92
Q

give an example of our constitution providing a coherant system of government

A

once the tories pledged to ‘get brexit done’ they won an 80 seat majority in the commons, the PM could then push the brexit withdrawal agreement through parliament ‘respecting the will of the people’

93
Q

what is a downside to the constitution providing a coherant system of government

A
  • the gov can pass whatever it likes
    -tyranny of the majority
  • reprecussions 5 years later
94
Q

give an example of how our constitution has evolved over time

A

the concept of a pm was first seen under George I, the necessity for a leadwer of the commons has become a necessity ever since.

95
Q

whay is the evolution of the constitution posative

A

-means we dont have an obscene amount of constitutions
- parliament can adapt to changes

96
Q

why is our constutution being able to evolve a bad thing

A

in some cases it has not evolved enough, king appoints the PM, kings speach

97
Q

givw an example of the GOV being centralised

A

the power for the UK is centralised in london. local gov gets; funding, instructions, limits on taxes and more from westminster

98
Q

why is the centralised government negative

A

the main gov appoints all ofd the other powers and can take them away just as easily

99
Q

why is having a centraised gov not all bad

A

there have een chances for inde[endence, scottish ind referendum 2014 gave scotland the option to remove itself

100
Q

give an example of our constitution allowing the party in power to do whatever it wants

A

tony blairs New labour 1997 was able to reform the house of lords, create new parliaments, laynch new ideas. he was still able to do this in 2005 with the support of under 1/5 of possible voters

101
Q

why is allowing the party in power to do whatever it wants not all bad?

A

we voted in the party, surely this means we want them to do whatever they see fit

102
Q

give a1n example of parliamentery sovreignity giving a clear centre of authority

A

ultimate law making power lies with prliament, when the UK left brexit it was because if elections and no one could stand in the way.

103
Q

why is a clear centre of authority posative

A

they are democratically elected and no one can stand in the way of the ‘peoples’ will, true democracy

104
Q

why is a clear centre of authority not that good

A

there is nothing that can stand in the way of our rights being taken away, theres no protection of the citizens

105
Q

give an example of local and subNATIONAL governments not being protected

A

1964 Greater london council was established. 1890s the council was under labour leadership and it was a thorn in Thatchers side. she abolished it in 1985

106
Q

why is the lack of protection for local and subnational governments not all bad

A

becuase parliament is elected nationally it can be argued that even without local gov people are still represented

107
Q

why is pre-democratic elements surviving bad

A

these elements are not democratic therefore they have power for no reason. they arent elected

108
Q

why is pre-democratic elements not all bad

A

the power is only symbolic, lords can only delay things for a year and they cant refuse to sign a law

109
Q

give an example of pre-democratic elements surviving.

A

laws have to be signed by hereditory monarch. the bills also have to be passed by the lords.

110
Q

why are unclear rules and conventions a disadvantage

A

while its unlikely foe a government to break these rules they are up for debate

111
Q

why are unclear rules and conventions not all bad

A

the flexible aspect means that it cam adapt to societal changes

112
Q

give an example of unclear rules and conventions

A

pm johnson argued that a 5 week suspension of parliament before the queens speach was perfectly normal

113
Q

why is an accountable governemnt an advantage

A

at elections the electorate can hold the government accountable

114
Q

why is an our government not all that accountable

A

there can be up to 5 years between elections, the government is not accountable at this time

115
Q

give an example of the government being held accountable

A

tory party crushed in the 97 election, crises of their own making made them unpopular

116
Q

how is the government effective and how is that an advantage

A

theyre able to pass acts and legislation quickly and effectively. and british people like getting things done

117
Q

why is an effective government not all that good

A

these austerity measures were designed to help financial crash of 2008 but the amount that they work is debatable

118
Q

give an example of an effective government

A

coalition of 2015 was able to enact a range of austerity measures

119
Q

why is changes not requiring special procedures a disadvantage

A

a government can do whatever it likes, it can even drastically change the whole system

120
Q

why is changes not requiring special procedures not all bad

A

change isnt always bad

121
Q

give an example of change not requiring a special procedure

A

brexit even though it was based on an referendum could have happened without one.

122
Q

why is a flexible and adaptable government an avantage

A

can adapt to changes in society

123
Q

why is a flexible and adaptable government not all good

A

sudden change, they may change something and then regreyt it

124
Q

give an example of the flexible and adptable gov

A

1987 a handyman shot 16 dead in hungerford. the uk then banned a huge range of guns and ammunition

125
Q

when were the house of lords reforms

A

1998

126
Q

what were the house of lords reforms

A

abolition of all nut 92 hereditory peers, plans for an elected second chamber were shelved

127
Q

who did the house of lords reforms

A

tony blais new labour

128
Q

when was the human rights act

A

1998

129
Q

what was the human rights act

A

-it was a proto-bill of rights
-gave all UK citizens the right to challenge the government via the European convention of human rights
-uk courts cant strike down laws but can advise them

130
Q

when was devolution

A

1998

131
Q

when was the referendum held on devolution

A

1997

132
Q

what did devolution do

A

made the scottisg parliament, the senedd, and northern irish power sharing assembly (stormant)

133
Q

when were the new electoral systems given out

A

1998

134
Q

who were and what were the new electoral systems given out

A

scotland and wales got AMS
northern irish assembly got STV

135
Q

when was the constitutional change of elected mayors

A

2000

136
Q

what did the elected mayors do

A

-allowed cities to chose to have an elected mayor.
-a law was later amended that made it require a referendum to set up the post.

137
Q

what places now have mayors

A

manchester, liverpool, west midlands

138
Q

when was the freedom of information act

A

2000

139
Q

what did the freedom of information act do

A

-gave the public and journalists access to documents held by the government
- as long as it isnt a national threat

140
Q

when was the creation of the uk supreme court

A

2005

141
Q

what did the creation supreme court do

A
  • removed law lords from the house of lords
    -gave them a supreme court
  • appointed autonomy
  • most senior court in the uk
142
Q

when were the wright reforms

A

2010

143
Q

what were the wright reforms

A

-they were reforms taken from a report suggesting imprivements.
-include elected heads of parliamentry committes, e-petitions and a tiem for backbenchers ideas
- scheduled parliamentry time for mps

144
Q

when was the fixed term parliament passed

A

2011

145
Q

what did the fixed term parliament do

A

-changed it from max 5 years to exactly 5 years
- provided more stability
- averaged an election every 34 months since passed
(NOT ANYMORE)

146
Q

when were police and crime commissions passed

A

2011

147
Q

what did the police and crime commisions do

A
  • made it so that members of the public were to be elected
  • they set priorities
  • allocate spending for the police
  • turnout is low 24.5% in 2016
148
Q

when was recall elections passed

A

2015

149
Q

what were the recall elections

A
  • provision for forcing an election on a sitting MP
  • if an PM is sent to jail or suspended for 3 weeks
  • a by-election is triggered if over 10% of a constituency petition it so
150
Q

when was E.V.E.L passed

A

2015

151
Q

what is E.V.E.L

A

-english votes for english laws
- stops PMs from dcottish or welsh constituencies voting on british laws
- committe of all english MPs can VETO legislation if it only applies to england

152
Q

when was Brexit

A

2020

153
Q

what was brexit?

A
  • followed the 2016 election
  • uk left the EU at 11pm january 31t 2020
154
Q

What do many people believe that the reforms under Blair did?

A

Amount to a redraw of the constitition

155
Q

The reforms (under Blair) have in no way altered the…

A

Fundamentally evolutionary and unwritten nature of the constitution.

156
Q

Nothing has been laid down that…

A

Could not be undone, there’s still no one “constitution” that people can refer to and compare legislation against

157
Q

are the elements of change produced by Blair firm

A

No, they are statute law and are therefore not entrenched

158
Q

In what way have Blair’s reforms protected parliamentary sovereignty

A
  • devolution retains the right of Westminster to legislate over regions and repeal the devolution themselves
  • HRA doesn’t give anyone the power to declare legislation illegal
  • Supreme Court can not overturn legislation passed by parliament
  • lords are no match for the commons
159
Q

What does the asymmetric nature of devolution mean

A

That the different parts of the uk are now governed differently and are ruled by non national and decentralised institutions

160
Q

What are emerging because of the asymmetric nature of devolution

A

Policy differences, especially in health and education

161
Q

What are emerging because of the asymmetric nature of devolution

A

Policy differences, especially in health and education

162
Q

Is the uk a unitary state?

A

Ultimate law making power remains in Westminster but the uk is loosing traits that distinguish itself as a unitary state

163
Q

What did Blair’s constitutional change do in terms of rights

A

But much, the human rights act and freedom of information act seems to be safeguarding the public but there is still parliamentary sovereignty and therefore potential for abuses

164
Q

What is the conservative critique of the reforms

A

They’ve damaged the constitution,
They no longer form a coherent and effective whole,

165
Q

What’s the conservative critique of devolution

A

Devolution threatens the union with questions of representation and funding

166
Q

What’s the conservative critique on the human rights act

A

It gives power to the inspected judiciary and opens up unwelcome debate on previously agreed themes such as rights

167
Q

What does the conservative critique believe about the House of Lords reform

A

It’s damaging to a proven evolved system that was working fine

168
Q

What does the liberal critique say about progress

A

That it is limited slow and a missed opportunity

169
Q

What does the liberal critique say about coherence

A

The wholesale reform was needed to bring everything together but labour had been too timid and minimalist

170
Q

What does the liberal critique say about the erosion of rights

A

There’s been nothing to stop it post 9/11

171
Q

Have the changes enacted since 97 made the uk more democratic electoral systems

A

AMS in Scotland STV Ireland SV London, yes more proportional

172
Q

Have the changes enacted since 97 made the uk more democratic devolution

A

Decisions are now closer to those effected, local unity, local mandate

173
Q

Have the changes enacted since 97 made the uk more democratic mayoral elections

A

Allows for more interaction with politics, local mandate in Manchester Liverpool and the West Midlands

174
Q

Have the changes enacted since 1997 make the uk more democratic? House of Lords

A

Removing many 100s of lords but more could be done

175
Q

Have the changes enacted since 1997 make the uk more democratic? PCC

A

Police and crime commissioners, more democratic but useless democracy (says mr duggins)

176
Q

Is the uk still lacking democratic elements

A

Yes, 92 hereditary peers , monarch

177
Q

Is the uk still lacking democratic elements

A

Yes, 92 hereditary peers , monarch

178
Q

What more could be done to enhance democracy?

A

Remove the kings “official power” or signing off laws, could remove all hereditary lords, allowed or civilian councils

179
Q

Are citizens rights better protected now than they were in 1997

A

Yes, the human rights act
However, they can be overturned with new legislation
Codified constitution and, entrenching rights could be done to further it

180
Q

Does the uk and its constitution now seem like a modern liberal democracy

A

Yes, HRA and the removal of all but 92 lords brings it towards that.
More could be done

politics (13 decks)

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