the constitution Flashcards

1
Q

define consitution

A

compromises the law, rules and customs that establish the organs of a state the relationship between the organs and people

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2
Q

define uncodified constitution and what the Uk constitution is made up of

A

written in loads of documents the acts of parliaments, bill of rights, parliament act and the european communities act

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3
Q

why is the UK constitution flexible

A

there is no entrenchment meaning it can be amended in the same way as any other law

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4
Q

why do some see the UK constitution being flexible as a good thing

A

as its flexible it means it has a suppleness of fluidity and pragmatism making it strong

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5
Q

why do some see the UK constitution being flexible as a bad thing

A

the government arent working within the framework and treat it with no appreciation

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6
Q

what are some major changes made to the UK constitution

A

membership of EU
human rights act
reform HOL
creation of supreme court

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7
Q

why may some in the UK want to adopt a codified constitution

A

it ensures certainty
protection from arbitrary change by govt
more evolutionary

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8
Q

what are 2 opposing views of the function of a constituion

A

no structural thinking
no formal definition

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9
Q

define sovereignty

A

authority of a state to govern itself or another state

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10
Q

define negative constitutionalism

A

prioritising one political position over others

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11
Q

give an example of negative constitutionalism

A

favouring reforms such as:
proportional representation
federalism
elected second chamber

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12
Q

when was the coalition govt

A

2010 between lib dems and tories

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13
Q

what was the disagreement in the coalition govt

A

lib dems viewed the constitution as need of reform whereas the tories wanted to embrace tradition

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14
Q

list the strengths of the constitution

A

accountability
strong government
adaptability

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15
Q

list the weaknesses in the constitution

A

lack of clarity
concentration of power
outdated and undemocratic

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16
Q

define cabinet government

A

executive power i sin a cabinet whose members operate under the doctrine of a collective responsibility

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17
Q

define constitutional monarchy

A

formal head of state but legal powers exercised by government ministers

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18
Q

define parliamentary government

A

executive and legislative branches are fused

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19
Q

define prime-ministerial government

A

parliament is sovereign, executive and legislative are fused and political power centralised.

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20
Q

what are the 3 branches of power

A

executive
legislative
judiciary

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21
Q

can the supreme court overrule parliament

A

no as parliament is sovereign

22
Q

what is the legislatives purpose

A

to make and change laws

23
Q

what is the executives purpose

A

power to implement laws

24
Q

what is the purpose judiciary

A

power to interpret

25
Q

define separation of powers

A

no members of one of the branches of power can be in another branch

26
Q

define fusion of powers

A

member of executive can be another branch and can be drawn from legislative branch

27
Q

what type of legislative branch does the UK have

A

we have a bicameral legislative branch of two chambers hol and hoc

28
Q

key factors of the house of commons

A

lower chamber
elected
650 members
called mps

29
Q

key factors of the house of lords

A

upper chamber
unelected
792 members
called lords/peers

30
Q

key factors of the executive branch

A

drawn from legislative
leader of party with most votes becomes pm and the legislative is head of executive

31
Q

who are junior ministers

A

work under cabinet ministers in the departments

32
Q

define civil service

A

appointed and helps govt implement its policies effectively

33
Q

list factors of the civil service

A

impartial
anonymous
permanent

34
Q

factors of the judiciary branch

A

judges and court system
power to make judgements on law

35
Q

list legal sovereignty that challenges parliamentary sovereignty

A

EU law
devolved assemblies
ECHR
the secret service

36
Q

list political sovereignty that challenges parliamentary sovereignty

A

bank of england handles interest rates
executive can control parliament
campaigning
referendums

37
Q

explain the hol act

A

restricts membership of the hol by virtue of a hereditary peerage

38
Q

explain the human rights act 1998

A

act of parliament of the uk aimed to incorporate EU human rights into uk law

39
Q

explain the pm decision to prorogue parliament 2019

A

boris johnson decided to stop parliament before brexit deadline, was ruled unlawful by supreme court as it blocked parliamentary debate.

40
Q

explain article 50

A

allows eu member state to leave by notifying eu council triggering a 2 year negotiation period

41
Q

explain the police crime sentencing act 2022

A

expands police powers

42
Q

list some key historical documents

A

magna carta
bill of rights
act of settlement
acts of union
parliament acts
the european communities act

43
Q

explain statute law

A

creates new law of changes existing law

44
Q

explain conventions

A

unwritten rules that govern political conduct not legally binding

45
Q

explain works of authority

A

principles which become established over long time period

46
Q

explain common law

A

laws developed throughout history and derived from decisions of judges

47
Q

explain eu law and treaties

A

any laws from eu accepts supremacy of eu law in practice

48
Q

define checks and balances

A

a mechanism which ensures no branch becomes too powerful

49
Q

define the john locke-social contract

A

the idea that the govt should be comprised of accountable representatives with the responsibility of protecting life liberty and security

50
Q
A