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Preparation A-level Politics > The Constitution (complete first draft) > Flashcards

The Constitution (complete first draft) Flashcards

1
Q

What is a constitution?

A

A constitution is a body of rules that defines the manner in which a state or society is organised

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2
Q

What does a constitution set out?

A

It sets out the way in which sovereign power is distributed between the government and the people, and between government’s constituent parts

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3
Q

What can no constitution do?

A

No constitution can spell out exactly what should happen in every eventuality

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4
Q

Although no constitution can spell out exactly what should happen in every eventuality what does it provide?

A

It simply provides a framework upon which more complex rules, structure and processes can be built

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5
Q

What are the two types of constitution?

A
  • codified

- un-codified

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6
Q

What constitution does the UK fall under?

A

an un-codified constitution

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7
Q 
What is the nature of both 
-codified
and
-un-codified
constitutions?
A

codified-revolutionary

uncodified-evolutionary

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8
Q

What is the format of a

  • codified constitution
  • un-codified constitution ?
A

codified- a single authoritative document

un-codfied-a less tangible constitution, drawing up upon a range of written and unwritten sources

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9
Q

What is an example of a country with a
*codified
*un-codified
constitutions?

A
  • USA

- UK

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10
Q

What are the 5 main sources of the British Constitution?

A

1) Statute law
2) Common law
3) Conventions
4) EU laws and treaties
5) Works of authority

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11
Q

What is constitutional statute law ?

A

those Acts of Parliament that play a key role in defining the relationship between the government and the people or between different elements of government

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12
Q

What are 3 examples of statute law?

A
  • Human Rights Act 1998

- Parliament Acts 1911 and 1949

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13
Q

What is the supreme source of the UK constitution?

A

statute law

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14
Q

What can pass a new statute or unmake any existing law and overturn any other constitutional practise?

A

the doctrine of parliamentary sovereignty

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15
Q

What is Parliamentary Sovereignty?

A

the doctrine of parliamentary sovereignty holds that the Westminster Parliament retains supreme political power within the UK system of government

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16
Q

What is common law also referred to as?

A

case law

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17
Q

What is common law?

A

this refers to established customs and legal precedent developed through the actions of judges

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18
Q

What were most traditional civil liberties available to UK citizens such as freedom of speech established by?

A

common law

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19
Q

What is the royal prerogative rooted in?

A

common law

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20
Q

What is the royal prerogative?

A

this consists of those powers traditionally exercised by the monarch. Many of these powers are now exercised by the PM on behalf of the monarch

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21
Q

What are conventions?

A

conventions are traditions or customs that have evolved over time and become accepted rules of behaviour

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22
Q

Do conventions have legal standing?

A

no

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23
Q

Why can conventions be easily overturned with the passing of a parliamentary statute?

A

as they have no legal standing

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24
Q

What doctrine of cabinet is rooted in convention?

A

Collective responsibility

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25
Q

What is collective responsibility?

A

This is the principle that as decisions are taken collectively within cabinet, cabinet members are expected to support publicly those decisions made or resign their posts

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26
Q

Under what Act did the UK incorporate the Treaty of Rome 1957 into UK law?

A

European Communities Act 1972

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27
Q

What impact did the incorporation of the Treaty of Rome 1957 have on the UK law?

A

This gave EU laws and treaties precedence over our own national laws

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28
Q

Although UK law is bound by EU laws, what does parliament have the right to do?

A

They have the right to repeal the 1972 Act and subsequent treaties, and thereby withdraw from the EU

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29
Q

What are Works of Authority?

A

These are scholarly texts which serve to codify practices not outlined on paper else where

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30
Q

What authority do ‘Works of Authority’ have?

A

a persuasive authority

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31
Q

What gives Works of Authority certain status?

A

the fact that many of them have been used as constitutional references for well over 100 years

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32
Q

Who are three authors of ‘Works of Authority’?

A
  • Walter Bagehot
  • Erskine May
  • A.V Dicey
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33
Q

What book did Walter Bagehot write?

A

‘The English Constitution 1867’

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34
Q

What book did Erskine May write?

A

‘Parliamentary Practise 1844’

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35
Q

What book did A.V Dicey write?

A

‘An Introduction to the Study of the Law of the Constitution 1885’

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36
Q

Although statute law has historically been said to be the supreme source of the UK constitution, what recently have seen the primacy of statute law questioned?

A

The expansion in the range and depth of EU laws and regulations

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37
Q

What are codified constitutions said to be?

A

entrenched

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38
Q

Why are codified constitutions said to be entrenched?

A

because the process of formally amending the codified document is made difficult as those who seek change must secure large majorities than would be needed to pass a regular statute

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39
Q

In the US, who propose amendments to the constitution?

A

2 thirds of each chamber of the legislature

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40
Q

What are the 2 chambers of the legislature in the US?

A

the House and Senate

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41
Q

After amendments to the constitution are formally proposed by 2 thirds of each chamber, what then happens?

A

the proposals are ratified by 3 quarters of the 50 US states

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42
Q

In many European states, how are constitutional amendments confirmed?

A

by a public vote or referendum

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43
Q

Who in the UK show that actually the UK constitution is flexible?

A

the judiciary

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44
Q

How are the judiciary flexible?

A

as they use their interpretive power to rework ageing documents and apply them to each new age

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45
Q

What amendment was the US constitutional right to bear arms?

A

the Second Amendment

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46
Q

What has the entrenched constitutional right in the Second Amendment to bear arms lead to difficulty in?

A

difficult for those who seek to enforce US wide restrictions on the possession of fire arms to do so

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47
Q

How did the UK ban handguns?

A

Through a simple Act of Parliament

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48
Q

When did the UK ban handguns?

A

After the murder of 16 schoolchildren and their teacher in Dunblane 1996

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49
Q

What has it became common for major constitutional changes to be secured by?

A

referendums

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50
Q

When was the Scottish Parliament referendum?

A

1998

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51
Q

When was the EU referendum?

A

23rd June 2016

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52
Q

How many years in opposition had Labour faced before their victory in 1997?

A

18 years

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53
Q

What was the commons majority Labour won in 1997?

A

a 179 seat majority

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54
Q

How many hereditary peers were left after the House of Lords Act 1999?

A

92

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55
Q

Why was the second stage of Lords reform stalled in 2003?

A

Parliament rejected all 8 models for a reformed chamber

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56
Q

How many models of lord reform were proposed in Parliament in 2003?

A

8 models

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57
Q

Why were attempts in 2007 to revive the reform process of the lords dropped?

A

as the Commons voted for an entirely elected second chamber and the Lords gave it support to an entirely appointed model

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58
Q

Who suggested that AV+ should be adopted for general elections?

A

the Jenkins Commission

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59
Q

When was the hybrid system AMS (FPTP top up) used? (2)

A

in the Scottish Parliament elections and Welsh Assembly

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60
Q

Under PPERA 2000 what did Labour establish ?

A

an independent Electoral Commission

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61
Q

What were the 3 tasks of the independent Electoral Commission?

A

to monitor elections, regulating party funding and expenditure and organising referendums

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62
Q

What did the HRA 1998 incorporate?

A

it incorporated most of the provisions of the ECHR into the UK law

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63
Q

What did the HRA 1998 allow citizens?

A

This allowed citizens to seek redress in UK courts without having to go to the ECHR in Strasbourg

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64
Q

Where is the ECHR?

A

Strasbourg

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65
Q

What did the Freedom of Information Act 2000 give citizens the right to?

A

the right to request information held by public bodies

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66
Q

What did the Constitutional Reform Act 2005 do?

A

this established a new UK Supreme Court which took on virtually all the judicial role previously performed by the HOL

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67
Q

When did the Supreme Court open?

A

October 2009

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68
Q

What did the Constitutional Reform Act establish to appoint senior judges?

A

an Independent Judicial Appointments Commission

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69
Q

In Labour’s time in government 1997-2010, what changes were made in London ? (3)

A
  • Given an elected Mayor
  • Given a strategic authority (the Greater London Authority)
  • Given a 25 member elected assembly (The Great London Assembly)
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70
Q

What did the Northern Ireland Act 1998 establish?

A

a Northern Ireland Assembly and power-sharing executive

71
Q

What electoral system was given a UK-wide referendum by the coalition?

A

AV

72
Q

What is a consequence of statute law being the highest constitutional source in the UK?

A

any government with a working majority in the HOC has the legal authority and power to reshape the constitution as new statute laws would out rank any other source of the constitution.

73
Q

What are the 4 principles of the UK constitution?

A

1) Parliamentary Sovereignty
2) Parliamentary government under a Constitutional monarch
3) The rule of law
4) The unitary state

74
Q

What 3 interlocking principles, rooted in common law, is parliamentary sovereignty based upon?

A
  • Parliament can make or unmake any law
  • Only Parliament can make UK law
  • No Parliament can bind its successors
75
Q

What is a parliamentary government?

A

This is when a government operates on the basis of a mandate granted though free and fair elections via MPs to parliament.

76
Q

What type of Parliament do we have in Britain?

A

a bicameral Parliament

77
Q

In Britain what does our bicameral Parliament operate alongside?

A

a constitutional monarch

78
Q

In what 2 ways is the monarchy restrained?

A

through statute and convention

79
Q

What is a bicameral Parliament?

A

This refers to a body, most commonly a legislature comprising of two chambers

80
Q

According to which author did the rule of law have 3 main strands?

A

A.V Dicey 1885

81
Q

According to A.V Dicey 1885 what were the 3 main strands of the rule of law?

A

1) no one can be punished without trial
2) No one is above the law and are all subject to the same justice
3) the general principles of the constitution result from the decisions of judges rather than from parliamentary statute or executive order

82
Q

What state is Britain said to be as opposed to a federal state?

A

a unitary state

83
Q

What is a unitary system?

A

This is a system where ultimate sovereignty rests with a central government

84
Q

What does it mean that Britain has a unitary state?

A

This means that all ultimate power in the UK is held by the central government at Westminster

85
Q

What is a federal system?

A

Sovereignty is shared between the regions or states that comprise the nation retaining ultimate power over certain areas of policy

86
Q

Which bill is said to have undermined parliamentary sovereignty?

A

the European Communities Act 1972

87
Q

What effect did the Treaty of Rome 1957 have on UK law?

A

this gave European law precedence over UK statute where the 2 are in conflict

88
Q

What did eurosceptics fear would happen with UK membership in the EU?

A

they feared that the extension of qualified majority voting in the council of ministers would further reduce the UK Parliaments ability to prevent Europe-wide policies being imposed on UK citizens

89
Q

What reforms have signalled changes to Britain still having a parliamentary government under a Constitutional monarchy? (3)

A
  • Increased use of referendums
  • rise of executive dominance
  • increasing savage media criticism of the royal family
90
Q

When was the ECHR established by the Council of Europe?

A

1950

91
Q

What is the Council of Europe?

A

this is an intergovernmental body that is totally separate from the EU

92
Q

Who investigates alleged violations of the ECHR?

A

the European Commission on Human Rights

93
Q

Where is the ECHR based?

A

In Strasbourg

94
Q

What is the highest court of the EU?

A

The ECJ

95
Q

What does the ECJ do? (2)

A
  • ensures the uniform interpretation and application of EU law
  • adjudicates disputes between member states
96
Q

When did the HRA 1998 come into force?

A

2000

97
Q

What did the HRA incorporate from the ECHR into UK law?

A

most of the articles

98
Q

What did the incorporation of the articles from the ECHR into the HRA allow citizens to do?

A

This allows citizens to pursue cases under the ECHR through UK courts as opposed to having to go directly to the ECHR

99
Q

What 2 things does the HRA not have the same legal status as?

A
  • US Bill of Rights

- EU law

100
Q

Although the courts cannot void parliamentary statute under the HRA , what can they do?

A

they can make a declaration of incompatibility and invite Parliament to reconsider the offending statute

101
Q

Why can the courts not void parliamentary statute under the HRA?

A

as it is based upon the Council of Europe’s ECHR rather than on EU law and therefore has only persuasive authority

102
Q

What is article 5 of the HRA?

A

‘public emergency threatening the life of the nation’

103
Q

When was part 4 of the Anti-Terrorism Crime and Security Act 2001 only passed?

A

once the government opted to derogate Article 5 of the HRA on the grounds that there was a ‘public emergency threatening the life of the nation’

104
Q

What did part 4 of the Anti-Terrorism Crime and Security Act 2001 do?

A

-indefinite detention without trial

105
Q

In what case was the HRA used in a non-terrorist-related case?

A

in the granting of lifelong anonymity to the killers of the toddler Jamie Bulger

106
Q

What article of the HRA did Newspapers use in defence to give them the right to publish details relating to the whereabouts and new identities of the two young men who had killed Jamie Bulger which the court disagreed with?

A

Article 10. freedom of expression

107
Q

Why did the court disagree that the Newspapers had the right from Article 10 to publish details relating to the whereabouts and new identities of the two young men who had killed Jamie Bulger? (3)

A
  • Breach of Article 2, right to life as their lives were threatened
  • Breach of Article 3, prohibition of torture as they were possibly subject to inhuman and degrading treatment
  • Breach of Article 8, the respect for private and family life
108
Q

What is a judicial precedent?

A

a decision of a court of law which is quoted as an authority for future decision making when deciding a case involving a similar set of facts.

109
Q

Why have Hanson and Walles written of the British habit of placing ‘new wine in old bottles?

A

because although many of our national institutions have a long history, the role they play is constantly undergoing change

110
Q

What are the 6 sources of UK Constitution?

A

1) Convention
2) Authoritative texts
3) Prerogative powers
4) statute law
5) Common law
6) European law

111
Q

What did the Magna Carta in 1215 assert?

A

the view that a monarch could and should be controlled by their subjects.

112
Q

What has the Magna Carta in 1215 influenced?

A

common law and documents and is considered one of the most important legal documents in the history of democracy

113
Q

What was the name of Walter Bagehot’s book which is apart of the authoritative works in 1867?

A

The English Constitution

114
Q

What did Bagehot say about the British constitution in ‘the English Constitution’ 1867?

A

That the genius in the constitution lay in the ability for it to combine the gradualism of continuity with the capacity for adaption

115
Q

What did the Wales Act 1998 do? (statute law)?

A

the established the Welsh National Assembly

116
Q

Where does the Royal Prerogative come from?

A

It comprises of a number of powers or privileges performed in the past by the monarch but now performed by the PM and the power derives from the Crown

117
Q

What 3 rights do ministers have under the Royal Prerogative?

A

1) Make treaties
2) declare war
3) dispense honours

118
Q

What have judicial decisions been important in establishing?

A

individual rights in relation to those in authority

119
Q

What is judicial review?

A

This is the power of the courts to overturn executive or legislative actions they hold to be illegal or unconstitutional. The UK has a weak form; the courts can review executive actions, deciding whether the Executive has acted ultra vires unfairly or without reference to relevant facts

120
Q

What has judicial review allowed judges to do over the decades?

A

has enabled judges to make important decisions on the justice and fairness of particular laws and thereby influence government policy

121
Q

what has furthered the importance of judges in our constitutional arrangements?

A

the Human Rights Act 1998

122
Q

What are conventions?

A

They are unwritten rules that guide our constitutional behaviour, they are customs of political practise that are usually accepted and observed.

123
Q

What is an example of 3 convention’s in Parliament ?

A

the recognition that the choice of PM should be made from HOC an that the proceedings of the Cabinet should be kept secret, and the concept of individual and collective responsibility

124
Q

When did we join the EU?

A

1973

125
Q

What 2 types of legislation are the UK bound by by the EU law?

A
  • primary legislation

- secondary law

126
Q

What is an example of primary legislation?

A

the Treaty of Rome

127
Q

What is an example of secondary law?

A

EU regulations and directives

128
Q

What is the Treaty of Rome 1957?

A

this is the agreement signed by 6 wester European counties to establish the EU

129
Q

What did the Factortame case show?

A

that the courts can overrule parliamentary legislation which conflicts with the European Community law

130
Q

After what year were some academics worried about the increasing centralisation of government under the Conservatives?

A

1979

131
Q

What 3 things could people see occurring after 1979 with the increasing centralisation of government?

A

1) the erosion of the functions and powers of local government
2) increased number of quangos
3) limitations on human rights

132
Q

Who felt that the balance of the constitution had been undermined by the era of Conservative rule (1979-1990)?

A

radical reformers who wanted to see a fundamental change

133
Q

Who were Charter 88?

A

This is a campaigning pressure group set up 300 years after the Glorious Revolution to urge the case for constitutional and electoral reform.

134
Q

Who is an example of a moderate reformer who conceded that there was no need for change, but only to ‘strengthen the existing framework, not destroy it’.

A

Philip Norton

135
Q

What did Philip Norton say in regards to constitutional change?

A

that there was no need for change, but only to ‘strengthen the existing framework, not destroy it’

136
Q

What did moderate reformer Philip Norton suggest in terms of constitutional change?

A
  • strengthening of parliament
  • abolition or reduction of quangos
  • devolving more power to citizens at a local level
137
Q

What did the Conservatives believe in their 1997 manifesto about the radical changes proposed by reformers?

A

They thought that this would endanger the character of our constitutional balance

138
Q

What 3 names did Labour call the Conservative government in the 1997 election?

A

centralised
inefficient
bureaucratic

139
Q

What are the 4 main constitutional reforms under Labour 1997+

A
  • removal of hereditary peers
  • passing of the Human Rights Act 1998
  • Creation of devolved machinery in Scotland and Wals
  • Constitutional Reform Act 2005
140
Q

What are 5 other constitutional reforms until Labour 1997?

A
  • the Freedoms of Information Act
  • Creation of the office of an elected London Mayor
  • Use of proportional representation for elections to devolved bodies in UK, EU parliament and London Assembly
  • Changes to modernise HOC such as reasonable hours
  • The principle of referendums to determine constitutional change
141
Q

What was the Freedom of Information Act 2005?

A

citizens have been given a right to view information held about them and much internal detail relating to the work of government has been made accessible

142
Q

Why was the devolution constitutional change able to be legitimised for Labour?

A

As they held a referendum thereby allowing the public to settle the substantive issue and parliament to fill in the details

143
Q

Unlike the public who had little interest for constitutional change, who did?

A
  • Charter 88
  • academics
  • political anoraks
144
Q

Why are government ministers more timid than shadow ministers over constitutional reform?

A

As constitutional changes can create difficulties from themselves

145
Q

What is party discipline?

A

This is the system of the whips maintaining order within the parliamentary parties. MPs are expected to ‘toe the party line’ by voting in favour of their parties proposals in the HOC

146
Q

What has party discipline undermined?

A

any attempts made to improve parliaments ability to act as a watchdog over the Executive

147
Q

Why have there been calls or a fresh start on the Constitution?

A

to provide a more clear cut statement of our constitutional arrangements

148
Q

What would a written document as a constitution remove?

A

it would remove the uncertainty of such things as the role of the Monarch in the event of a hung parliament after an election

149
Q

What is an elective dictatorship?

A

this is the term coined by Lord Hailsham to describer the constitutional imbalance which executive power has increased and parliamentary power diminished. His argument was that a government armed with a strong majority in the HOC assist by strong party disciples could drives its programme through the chamber

150
Q

What was Tony Blair able to remove without any consultation with other parties due to his elective dictatorship?

A

he was able to remove one session of PM’s Question Time in the HOC

151
Q

What would a new constitution provide ‘up-to-date’ statements on?

A

-our rights which is more relevant than the ECHR which is more than 50 years old

152
Q

What is Question Time?

A

This is the daily opportunity for back benchers in parliament to ask questions of government ministers which they are obliged to answer. Question Time originated in the Westminster system of the uK, but it also occurs in several other countries as well. It takes place every Wednesday 12-12.30pm

153
Q

What does it mean if the constitution was written and its key decisions entrenched?

A

they would be firmly established and difficult to amend

154
Q

What would be an advantage of a new constitution in terms of the judiciary ?

A

They would be abel to interpret what is lawful behaviour and uphold the Constitution

155
Q

What would a new constitution encourage for politicians?

A

To make decisions that were careful not to exceed the bounds of constitutional behaviour

156
Q

How is it clear that the Constitution has seemed to work relatively well?

A

it had survived over several hundred years and provided the country with liberty and stability

157
Q

Why do we not need a written constitution?

A

because the flexibility of our arrangements allow us to make adjustments as needs demand so that the constitution evolves according to circumstances

158
Q

What written constitution shows that it does not always protect individual liberty? (3)

A
  • The Soviet Union constitution did not guarantee respect for personal freedom
  • Zimbabwean today
  • even in the US the voting rights of black americans were denied
159
Q

What is an example of when a written constitution has not been durable?

A

France has had more than half a dozen since 1789

160
Q

What were the growing demands for constitutional reform?

A

There were also growing demands for devolution to Scotland and to fix the problems in Northern Ireland.

161
Q

Who implemented measures of constitutional reform?

A

Tony Blair

162
Q

What did The House of Lords Act 1999 do?

A

Removed all but 92 hereditary peers.

Became a mainly appointed chamber, with peers appointed based on merit

163
Q

Evidence the House of Lords reforms did enough

A

Removal of the majority hereditary peers modernised the House of Lords and made it a more legitimate and professional body.

No one party has a majority.
An unelected house means that experts can be appointed.

For example, Lord Norton, a politics professor and constitutional expert.

People who can represent underrepresented groups in society can be appointed.
Lord Bird (ex-homeless man and founder of the Big Issue) represents homeless people, a group who often go unrepresented.
164
Q

Evidence more reform is needed in the House Of Lords

A

There are still 92 hereditary peers – an idea that is outdated in a meritocratic society.
There are 26 Bishops but no representation for other religions.
Party leaders still make political appointments to the House of Lords.
The House of Lords remains unelected despite having influence over lawmaking and being able to hold the government to account.

165
Q

How many seats are in the Lords?

A

800 - Making it the largest Chamber in the world after China

166
Q

What acts were passed in 1998 to allow for devolution?

A

In 1998 the Scotland Act, Northern Ireland Act and Government of Wales Act established the Scottish Parliament, Northern Ireland Assembly and Welsh Assembly.

167
Q

Positives of Devolution in 1998

A

. Lead to the good Friday agreement which allowed for power sharing in Northern Ireland, until its collapse in January 2017

168
Q

Negatives of Devolution

A

. Imbalance between Scotland and Wales; Wales gained fewer powers in 1998
. Scotland, Wales and NI receive more money per head than those in England (Known as the Barnett Formula)

169
Q

Examples of Constitutional Reform from 1997-2010

A

Welsh, Irish and Scottish Devolution
House of lords reform
Human Rights Act 1998
Constitutional Reform Act 2005

170
Q

What did the Human Rights Act 1998 do?

A

The 1998 Human Rights Act (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law.

171
Q

Positives of the Human Rights Act

A

The fundamental rights of all British Citizens are very clearly laid out in one easily accessible piece of legislation.
There was an 8-fold increase in the number of human rights cases and claims brought to the high court after the Human Rights Act was passed.

172
Q

Problems with the Human Rights Act

A

Despite the HRA, it is possible for the government to restrict the human rights of individuals.
In 2005 the government introduced control orders, allowing the authorities to restrict the movements of suspected terrorists.
In order to do this, they simply had to declare an exemption from Article 5 of the HRA for those who fall under suspicion.

173
Q

What did the 2005 Constitutional Reform act do?

A

The Act separated the government and the judiciary.
The Act formed a Supreme Court which separated parliament from the judiciary.
The Act reformed the appointment process for senior judicial appointments.

174
Q

Positives of the 2005 Constitutional Reform Act?

A

There is now a clear separation of the 3 branches of government which prevents abuse of power.
The judiciary is physically and constitutionally separate from the executive and legislature allowing for greater judicial independence, strengthening rule of law.

Preparation A-level Politics (10 decks)

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