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Politics A Level - UK Government > The Constitution > Flashcards

The Constitution Flashcards

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1
Q

What is a constitution?

A

It establishes the structure, procedure, power and duties of a government.

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2
Q

What are the rules of a constitution?

A
  • Establish the duties, power and functions of each branch of government
  • Regulate relationships between and among institutions
  • Define the relationship between the state and the individual
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3
Q

What are the sources of the UK constitution

A 
Statute Law
Common Law
Conventions
Works of the constitutional authority and constitutional documents
EU Laws and Treaties
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4
Q

What is statute law?

A
  • Law made by Parliament

* This is the most important source of the UK constitution

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5
Q

Give 3 examples of statute law

A
  • Parliaments Acts 1911 & 1949 : prevents the HOL for blocking legislation for over 2 years, then reduced to 1 year. Also stops them interfering with money bills
  • European Communities Acts : entered the UK European Union
  • Scotland Acts 1998/ Wales Act 1999 : established devolved assemblies
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6
Q

What is common law?

A
  • Body of laws based on tradition, custom and precedent

* Created and refined by courts which bind the precedent of future cases

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7
Q

Give 3 examples of common law

A
  • Royal Prerogative - formal powers, including the powers of the PM and executive
  • Traditional rights and freedoms - residual rights, everything permitted if not prohibited
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8
Q

What are conventions?

A
  • Key unwritten elements that control conduct and behaviour

* There are no legal consequences if ignored

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9
Q

Give examples of conventions in the UK constitution

A
  • Royal Assent - it is a convention that the monarch will always pass legislation
  • Appointment of the PM - done by monarch and is the Largest party in the Commons
  • Exercise of Crown powers - everything done by PM and ministers
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10
Q

How do the works of constitutional authority contribute to the UK constitution?

A

It is sometimes necessary to consult works by key authors who are authorities on constitutional issues due to
• Gaps in the constitution
• A need to interpret the constitution

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11
Q

Give examples of constitutional works consulted by the government

A
  • Bagehot’s ‘The English Constitution’ (1867)

* Erskine May’s ‘Treatises in the Law, Privilages, Proceedings and Usage of Parliament’ (1844)

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12
Q

How does EU Law and Treaties contribute to the UK constitution (until 2019)?

A

In 1973 the UK joined the European Economic Community (which become the EU) which made the UK subject to EU laws and treaties and it also gained higher status over UK law

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13
Q

Give examples of the important EU laws and treaties

A
  • 1986 Single European Act : ensure the single market and the free movement of good, services and capital
  • 1993 Maactrictht Treaty : created political and monetary union (but the UK opted out of the the single currency)
  • 2009 Treaty of Lisbon : modified version of proposed constitution
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14
Q

What are the characteristics of the UK constitution

A 
Parliamentary Sovereignty 
Rule of Law 
Uncodified  
Unitary  
Flexible 
Fusion of powers
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15
Q

What does uncodified mean

A
  • Not made up of one document

* The UK constitution is written but can be described as being unwritten (due to being multiples documents)

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16
Q

Why is the UK constitution flexible?

A

It an be easily amended and altered through the legislative process

17
Q

What does unitary mean?

A

Ultimate power over the state lies with a central, sovereign body

18
Q

Define Parliamentary Sovereignty

A

Parliament possesses supreme power over the people. It is in charge of the country

19
Q

Define fusion of powers

A
  • Where the legislative, judiciary and executive branches of government work together
  • In the UK the executive is chosen from and accountable to the legistakture
20
Q

What is the rule of law?

A
  • No one is above the law
  • Minister and public authorities are subject to the law as well
  • Key concepts are equality, accessibility and must be based on common law
21
Q

Give some of the strengths of the UK constitution

A
  • Easily changed, can keep up with progressing times
  • Fusions of powers allows for government to work easily, less stalling
  • Allows for a lot of accountability to the public, the will of the people can be enshrined in law
  • Can allow for protection of minorities more easily if they keep up with hate crime and discrimination
22
Q

Give some of the weaknesses of the UK constitution

A
  • Hard to study/interpret and can contradict itself
  • Lack of checks and balances especially on the executive
  • Can be easily changed/abused to create dictatorship
  • The ability to change easily means that citizens rights are not ensured
  • Being heavily based on convention/common law means that lots of undemocratic elements remain - HOL, monarchy

Politics A Level - UK Government (5 decks)

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