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Politics > The Constitution > Flashcards

The Constitution Flashcards

1
Q

Constitution?

A

Set of fundamental rules which defines how a country is governed

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2
Q

Thomas Paine on Constitution ?

A

“Government without a Constitution is Power without Right”

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3
Q

What does a constitution do ?

A
  • Establishes duties of gov institutions
  • rRegulates relations between state and individual
  • Determines power distribution
  • Establishes citizenship
  • Outlines individual rights
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4
Q

Codified Constitution ?

A

Arranged into one document (USA)

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5
Q

Uncodified Constitution ?

A

Where the constitution is pulled from multiple sources and document (UK)

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6
Q

Positives of Codified Constitution ?

A

+ Authoritative
+ Easy to follow
+ Rigid - Cannot be argued
+ Allows for citizens to know their rights

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7
Q

Negatives of Codified Constitution ?

A
  • Hard to make changes
  • Hard to bring together all aspects
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8
Q

Positives of Uncodified Constitution ?

A

+ Gives more power to judges
+ Easily altered

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9
Q

Negatives of Uncodified Constitution ?

A
  • Hard to follow
  • Subject to debate
  • Likely to be questioned
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10
Q

What makes up UK Constitution?

A
  • Statute Law
  • Common Law
  • EU Treaties & Law
  • Conventions
  • Authoritative Works
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11
Q

What is Statute law ?

A

Laws passed by acts in parliament

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12
Q

What is Common law ?

A

Laws formed on precedent based on previous judicial decisions

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13
Q

What are EU Laws & Treaties ?

A

Any laws passed while in EU still stand but any new do not apply

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14
Q

What are Conventions ?

A

Rules by traditions over time (not legally binding)

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15
Q

What are Authoritative Works ?

A

Sources of guidance written in past that are widely recognised (Eg. A.V Dicey 1885)

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16
Q

What is The Magna Carta (1215) ?

A

Signed by King John :
Limits power of the monarch - They cannot raise taxes without public consent
Everyone has the right to a fair trial

17
Q

What is the Bill of Rights (1689) ?

A

Glorious revolution put William of Orange in charge and he signed :
- King cant interfere with parliament
- Parliament is sovreign
- Parliament sits on regular basis

18
Q

What is the Act of Settlement (1701) ?

A

Parliament refused a Catholic heir to William III so they appointed George of Hanover and :
- Parliament can choose the monarch
- Judges cant be removed by King
- Monarch cant take country to war
- Monarch spoke with Privy Council

19
Q

What is the Act of Union (1707) ?

A

Meant Scottish parliament was dissolved and Westminster took over until it was given devolved power in 1999

20
Q

What is the Parliament Act (1911) ?

A

Confirmed the Commons had power over the Lords :
- Only Commons decide on money bills
- Lords can only delay a bill
- Election every 5 years not 7

21
Q

What is the Parliament Act (1949) ?

A
  • Lords can only block legislation for a year not 2
  • Any majority gov can bypass the Lords
  • Introduced Elective Dictatorship ???
22
Q

What is the European Communities Act (1972) ?

A

EU laws become British laws :
- EU laws took priority
- If a clash, British law struck down
- Degraded Parliamentary Sovereignty

23
Q

What is EU Withdrawal Bill ?

A
  • Revokes the 1972 Act to leave EU as of March 2019
  • All EU laws from while we were a memeber still stand but new ones don’t apply
24
Q

What are the principles of the UK Constitution ?

A
  • Rule of Law
  • Separation of Powers
  • Parliamentary Sovereignty
  • Constitutional Monarchy
  • Unitary state
25
Q

What is Rule of law ?

A

Contract between the ruler and the ruled in that there are rules we must follow.

26
Q

What is Separation of Powers ?

A

Government is split into 3:
Legislative (p)
Executive (g)
Judiciary (c)

27
Q

Parliamentary Sovereignty ?

A

Parliament is the highest decision making authority in the UK and any acts passed must be obeyed by everyone

28
Q

Constitutional Monarchy ?

A

Monarch shares power with parliament with parliament mostly having higher authority

29
Q

Unitary State ?

A

Only one government ruling over the whole country and not separated power

30
Q

Some Labour reforms to constitution 1999 - 2010 ?

A

House of Lords Reform Act 1999 - Removes all but 92 hereditary peers and the house is only life peers
Constitutional Reform Act 2005 - Separates judiciary from legislature and creates supreme court

31
Q

Some Conservative reforms of Constitution 2010 - 2016 ?

A

Fixed Term Parliament Act 2011 - Fixed parliamentary terms to regular 5 years
The Scotland Act 2012 - Gave Scottish parliament power to vary income tax up/down by 10p as well as being able to borrow 2.2bn

32
Q

What is Devolution ?

A

Process by which power, but not sovereignty, is distributed away from central government to regional governments

33
Q

What are the types of devolution ?

A
  • Administrative
  • Financial
  • Legislative
34
Q

Administrative Devolution ?

A

Transfer of limited power to control the allocation of public funds and how laws are enacted based off government guidelines

35
Q

Financial Devolution ?

A

The ability to raise its own taxes and spend it how they want

36
Q

Legislative Devolution ?

A

Ability to create primary legislation passed by a parliament which citizens have to obey

37
Q

Devolution in Scotland ?

A
  • Nationalism is stronger and so more power is granted
  • Scotland Act 2012
  • Power over things like Justice, Education, Public services, Economic development and Agriculture
38
Q

Devolution in Wales ?

A
  • Nationalism is weaker and so less power is granted
  • Welsh Act 2014
  • Have control over things such as Education, Housing, Economic development, Agriculture
39
Q

Devolution in Northern Ireland ?

A
  • Lack of power to due disagreement between nationalist and unionist parties and ‘the troubles’
  • Stormont often collapses and has to come under control of Westminster (02’ - 07’)
  • Control over Pensions, Local gov, Justice, Public service

Politics (8 decks)

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