The Constitution Flashcards

1
Q

Give three sources of the constitution.

A

Source of the Constitution:

  • Common law
  • Statute law
  • Conventions
  • Authoritative works
  • EU Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Give an example of common law.

A

R (Miller) v. The Prime Minister - prorogation of parliament was ultra vires.

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

Give an example of statute law.

A

Freedom of Information Act 2000 - public information requests.

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

Give an example of an authoritative work.

A

Authoritative works:

  • A.V. Dicey’s ‘Introduction to the Study of the Constitution’. (1884)
  • Walter Bagehot’s ‘The English Constitution’. - distinguished between ‘dignified’ and ‘effective’ sections of the constitution.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Give the publication year of Walter Bagehot’s ‘The English Constitution’.

A

1867.

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

Give an example of a constitutional convention.

A

Constitutional Conventions:
- Royal Prerogative - E.g. 2021 BJ’s decision to mobilise navy vessels regarding French fishing tensions.

  • Salisbury convention - e.g. Hunting Act 2004.
  • Individual Ministerial Responsibility - Ministers should resign due to departmental failure. E.g. David Blunkett 2004 regarding visa scandal.
  • Collective ministerial responsibility - ministers should publicly agree with cabinet decisions or resign - E.g. BJ resigning over Brexit withdrawal agreement in 2018.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Give an advantage of a codified constitution.

A

Advantages:
✔ No concentration of power - e.g. Thatcher and Blair’s controversial policies passed with little hinderance (Poll tax/Iraq War).

✔ Elements of the UK constitution are anachronistic e.g. HoL.

✔ Prevent and ‘elected dictatorship’ - providing checks and balances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Give a disadvantage of a codified constitution.

A

Disadvantages:
❌ Reflect the mood of the time - zeitgeist

❌ Difficult to amend - e.g. Brexit would be even more difficult.

❌ Weak governments - e.g. Blair faced 0 defeats between 1997 and 2005.

❌ Who would create it?

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

What did the Magna Carta (1215) enact?

A
  • The king was subject to the law.

- Right to ‘trial by your peers’. (Jury)

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

Is the Magna Carta significant?

A

Yes, it has been cited in many modern treaties e.g. Universal declaration of Human Right 1948 and the ECHR.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What did the Bill of Rights 1689 enact?

A
  • Created the notion of Parliamentary sovereignty
  • Parliament must meet frequently
  • Elections must be free and fair.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What did the Acts of Settlement 1701 enact?

A
  • The Monarch existed on Parliament’s terms.

- The Monarch was subordinate to Parliament.

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

What did the Parliament Acts 1911 & 1949 enact?

A

1911 - HoL could block bills for 2 years.

1949 - Reduced to one year.

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

What did the European Communities Act 1972 enact?

A
  • British law is subordinate to EU law.

- Impact Britain’s control over immigration and trading.

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

Give three constitutional reforms in the UK since 1997.

A

Constitutional Reforms since 1997:
- Freedom of Information Act 2000 - drew attention in the 2009 expenses scandal - 37% of requests are ignored.

  • Constitutional Reform Act 2005 - created the separate Supreme Court in 2009 - s.3 - ‘must uphold the maintained independence of the judiciary’ - removal of Law Lords who could be easily swayed by politics due to their role, physically, within the legislative branch.
  • Human Rights Act 1998 - aimed to ‘bring rights home’ - outlined the practices of human rights claims in the UK - e.g. s.12(4) places emphasis on journalistic expression - upholds a freer press - significant in a democracy - upholding the methods of government scrutiny.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Give three constitutional reforms since 2010.

A

1) . Fixed Term Parliament Act 2011 - prevent PM calling election at advantageous time - requires 2/3 of the house - e.g. Thatcher called 1983 election year early to capitalise on Falklands was - 144 seat majority.
2) . House of Lords Reform Act 2014 - allows existing peers the right to resign or retire from their seat - by early 2020 6 had been removed for non-attendance and 106 had retried - significant as it aids in keeping the age of the upper chamber low - ultimately more representative.
3) . Succession to the Crown Act 2013 - enabled eldest child to become monarch regardless of gender - also allows heir that marries a Catholic to become monarch - limited impact on politics - though an attempt to bring the monarchy to a modern standard - departing from the anachronistic practices.

17
Q

Give three features of the UK constitution.

A
  • Uncodified - no single authoritative document - unitary - most power lies within the centre - unlike the US constitution were power is divided in a federal system - though this unity has been challenged by devolution - UK constitution is ‘quasi-federal’.
  • Parliamentary sovereignty - parliament has the final say on the contents of the constitution - ‘no Parliament may bind it’s successor’ - e.g. European Communities Act 1972 - later reversed by European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020
  • Operates under the ‘rule of law’ - law applies equally to everyone, including those who make the law - significant as ministers may be found ‘ultra vires’ - e.g. R (Miller) v. Prime Minister - party gate scandal 2021 has challenged the enforceability of the Rule of Law.
18
Q

Give three ways the UK constitution protects human/civil rights.

A

1) . Human Rights Act 1998 - ‘bring rights home’ - incorporated the convention articles into the UK constitution - allows individuals to challenge the decision of public bodies in UK courts - could be said to politicise the judiciary.
2) . Equality Act 2010 - brought together 116 different measures in a single Act to prevent discrimination and promote fairer society - as the UK’s is uncodified - allows the constitution to adapt in line with changing societal attitudes.
3) . Data Protection Act 2018 - places strict controls on the ability of the government and public bodies to handle and save personal data - significantly reduced the scope of the government in the private lives of individuals - compliments the ECHR Article 8 right.