Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Politics - Paper 2 > The Constitution > Flashcards

The Constitution Flashcards

1
Q

Constitution ?

A

Set of fundamental rules which defines how a country is governed

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

Thomas Paine on Constitution ?

A

“Government without a constitution is Power without Right”

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

What does a Constitution do ?

A
  • Establishes duties of gov
  • Regulates relations between the state and individual
  • Determines power distribution
  • Establishes citizenship
  • Outlines individual rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Codified Constitution ?

A

Arranged into one document like USA

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

Uncodified Constitution ?

A

where it is made from multiple sources and documents like the UK

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

Positives of Codified ?

A
  • Authoritative
  • Easy to follow
  • Rigid and cannot be argued
  • Allows for citizens to know their rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Negatives of Codified ?

A
  • Hard to make changes
  • Hard to bring all aspects together
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Positives of Uncodified ?

A
  • Gives more power to judges under common law
  • Can easily be altered
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Negatives of Uncodified ?

A
  • Hard to follow
  • Subject to debate
  • Likely to be questioned
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What makes up the UK Constitution ?

A
  • Statute Law
  • Common Law
  • EU Treaties & Law
  • Authoritative Works
  • Conventions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Statute Law ?

A

Laws passed by acts in parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Common Law ?

A

Laws formed on precedent based off previous judicial decisions

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

EU Laws & Treaties ?

A

Any laws passed while still in the EU are enforced but any after do not apply

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

Conventions ?

A

Rules by traditions over time (not legally binding)

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

Authoritative Works ?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the features of a Constitution ?

A
  • Codified / Uncodified
  • Flexible / Rigid
  • Fundamental law / Equality of law status
  • Unitary / Federal
  • Monarchical / Republic
  • Presidential / Parliamentary
  • Based on the sovereignty of parliament / people
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the Origins of the UK Constitution ?

A

What individual things make up the constitution, including any amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Magna Carta (1215)

A

Signed by King John :
- Monarch cannot raise taxes without public consent
- Everyone has the right to a fair trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Bill of Rights (1689)

A

Signed by William of Orange :
- King cannot interfere with parliament
- Parliament is Sovereign
- Parliament sits on a regular basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Act of Settlement (1701)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Act of Union (1707)

A

Scottish parliament dissolved and Westminster takes over until 1999

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Parliament Act (1911)

A

Commons have power overt the Lords :
- Only commons can decide on money bills
- Lords can only delay a bill
- Election every 5 years not 7

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Parliament Act (1949)

A
  • Lords can only block legislation for a year not 2
  • Any majority gov =can bypass the Lords
  • Elective Dictatorship
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

European Communities Act (1972)

A

EU laws become British laws :
- EU laws take priority
- If clash, British laws struck down

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
EU Withdrawal Bill
- Revokes the 1972 act to leave EU as of march 2019 - All EU laws from while we were a member still apply but new ones do not
26
Principles of the UK Constitution ?
- Rule of law - Separation of powers - Parliamentary Sovereignty - Constitutional monarchy - Unitary state
27
Rule of Law ?
Contact between the ruler and the ruled to say that there are rules we must follow
28
Separation of Powers ?
Government is split into 3 : Legislative Executive Judiciary
29
Parliamentary Sovereignty ?
Parliament is the highest decision making authority in the UK and any acts passed must be obeyed by everyone
30
Constitutional Monarchy ?
Monarch shares power with parliament which mostly has higher authority
31
Unitary State ?
Only one government rules over the whole country and power is not separated
32
Some Labour reforms to constitution 1999 - 2010 ?
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 the supreme court
33
Some Conservative reforms to constitution 2010 - 2016 ?
Fixed Term Parliament Act 2011 - Fixed parliamentary terms to 5 years The Scotland Act 2012 - Gave Scottish parliament the power to vary income tax up/down by 10p as well as being able to borrow 2.2bn
34
Devolution ?
Process by which power, but not sovereignty, is distributed away from central governments to regional governments
35
Types of devolution ?
- Administrative : Public funds and carrying out of laws - Financial : Raise taxes and spend how they want - Legislative : Create primary legislation through parliament
36
Devolution in Scotland ?
- Nationalism stronger sop more power given - Scotland Act 2012 - Power over education, public services, economic development and agriculture
37
Devolution in Wales ?
- Nationalism weaker so less power given - Welsh Act 2014 - Control education, housing, economic development and heavy agriculture
38
Devolution in Northern Ireland ?
- Lack of power du8e to disagreement between nationalist and unionist parties during 'the troubles' - Stormont often collapses and comes under the control of Westminster (02'-07') - Controls pensions, local gov, justice, public services
39
40
41
What are Rights ?
Legally protected freedoms that everyone should have in democracy, they are an absolute, universal and fundamental
42
What are your rights in the UK ?
- Fair treatment by the law - Freedom of Expression - Freedom of conscience - Political Freedom - Freedom of movement - Freedom to join trade union
43
What are Civil Liberties ?
Rights and freedoms enjoyed by citizens which protect them from unfair treatment by the state and government
44
How has the UK Right Provision developed rights ?
Explains properly how effectively it protects rights
45
How has the Magna Carta 1215 developed rights ?
Imposed restrictions on monarchy to not abuse power and gives right to fair trial
46
How has the Common Law Rights developed rights ?
Everyone is entitled to their rights unless prohibited by the law (Can do what you want unless breaking law)
47
How has the Human Rights Act 1988 developed rights ?
Lays out every single right of the people “Replace the patchwork between statute and common law”
48
How has the Freedom of Information Act 2000 developed rights ?
Labour government of 97’ made info requestable and more available to public such as tax authorities and school info
49
How has the Equality Act 2010 developed rights ?
All decision making must take into account formal equality in all sections of society Discrimination against protected characteristics are not allowed
50
What are some conflicting rights in the UK ?
- Habeas Corpus conflicts with the right to feel safe from terror attacks - Freedom of Expression conflicts with the right of religious groups not to be the centre of comedy
51
Evidence rights are protected ?
- ECHR - Common Law Tradition - Equality Act - Judiciary is independant
52
Evidence rights are not protected ?
- Parliament can ignore ECHR - Common Law is vague - Government is under pressure to protect collective rights rather than individual
53
What is the role of the Judiciary ?
Dispense everyday justice and hear all criminal cases / civil disputes
54
What is the role of the Senior Judiciary ?
Ensure neither of the other branches exceed their power, threaten the liberty of citizens or break the principle of rule of law
55
What are the roles of the Judges ?
- Dispense Justice - Interpret and apply the law - Decide on sentencing in criminal cases - Chair public enquiries - Review legislation
56
What is the Supreme Court ?
A neutral court established to achieve a complete separation between senior judges and the upper house of Parliament to emphasize the independence of the law lords
57
What is the unique power of the Supreme Court ?
It can reverse all decisions made by lower courts
58
Example of a case involving the human rights act being in the Supreme Court ?
Are soldiers protected by HRA ?
59
How are supreme court judges appointed ?
Independent panel of lawyers appoint a member to be neutral and so are not elected
60
Example of a case involving the supreme court against the government ?
2004 Belmarsh case - Gov wanted to imprison suspected terrorists without trial but the court refused and the gov responded by creating a new house arrest to lock suspects in their house for 18hrs a day, the court responded lowering it to 16.
61
Positives of Supreme Court ?
- Neutral - Separated Powers - Defends human rights - Stops government abusing power - There to review work of other courts
62
Negatives of Supreme Court ?
- Unelected - Undermines Parliamentary sovereignty - Defends human rights too much and doesnt think of the collective (belmarsh) - Not representative of England’s population

Politics - Paper 2 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions