The Constitution-Nature+sources Flashcards
What is a constitutions
rules which outline who has what powers and responsibilities and how government and the people are expected to behave and interact with each other
How can we describe the UK constitution as
an evolved constitution not an enacted constitution, developed over time
Is the Uk constitution codified or uncodified
uncodified
What does uncodified mean
not contained to single document written from lots of different sources,
Is the Uk entrenched or unentrenched
Unentrenched
What does unentrenched mean
easy to change constitution (bc parliament sovereign)
Is the Uk a federal or unitary state?
Unitary
Give an example of a federal state
US
What is a unitary state?
power is firmly centralised to parliament
Who made the “twin pillars” idea
A.V Dicey
What are the 2 twin pillars?
1: Parliament is the supreme law making body
2: Gov must be according to rule of law
Why is the UK constitution so different to other nations?
Since the Norman Conquest in 1066, there has not been a historical event that has entirely altered the principles on which the nation is governed.
What is the first stage of development of UK constitution
Anglo saxon england
What was anglo saxon england?
had a witan(group of nobles who advised the king)
Why was anglo saxon england significant?
early form of democracy
What is the second stage of development of UK constiution
Magna carta(1215)
What was magna carta?
Document which the barons tries to limit the kings power.
Why was magna carta significant?
-all trials need witnesses
-no imprisonment without fair trial
-everyone had right to fair trial
-HABEAS CORPUS- no one can be punished without fair trial
-Trying to establish RULE OF LAW
What is the third stage of development of UK constitution
The English civil war (1642-1649)
What was The English civil war
Civil war caused new democratic movement and radical ideas
Parliament gained more power and began to assert right to protect liberties of english people against monarchy
Why was the english civil war significant
-Petition of right(1628) meaning crown isn’t above the law and that parliament is primary lawmaker against divine right of king
What is the forth stage of development of UK constitution
Glorious revolution and the Bill of rights (1689)
What was the Glorious revolution and the Bill of rights
King(William of orange) worked with parliament on bill of rights for the first time
Why was the Glorious revolution and the Bill of rights significant?
-key moment in development of britains constitutional monarchy
-Bill of rights: summoning regular parliaments, free elections, freedom of speech
What is the fifth stage of development of UK constitution
Act of settlement(1701)
What was the Act of settlement
-confirmed primacy of parliament over crown
-confirmed judicial independence
Why was the Act of settlement significant
-parliament had authority to determine succession to the throne
- a judge can only be removed on agreement of both houses
What is the sixth stage of development of UK constitution
Acts of Union (1707+1800)
What were the acts of union?
united parliament of scotland with england and whales
Why were the acts of union significant?
-created united kingdom
What is the seventh stage of development of UK constitution
Parliament acts(1911+1949)
What was the 1911 parliament act
Lords lost right to veto
What was the 1949 parliament act
established democratic legitimacy of parliament by asserting primacy of commons over lords
Why was the 1911 parliament act significant?
lords wouldn’t be able to amend financial bills such as budget but able to delay bill for 2 years
Why was the 1949 parliament act significant
delay bill from 2 years to one year
What is the eighth stage of development of UK constitution
Representation of the people act 1918
What was the representation of the people act 1918
allowed all men 21 and over, women over 30 + property qualification could vote
Why was the representation of the people act significant 1918
in first world war men+women sacrifices changed political atmosphere, to recognise this bill was passed, men and women could vote
What is the ninth stage of development of UK constitution
representation of people act 1928
What was the representation of the people act 1928
men+women 21+ over could vote
Why was the representation of the people act 1928 significant?
more rights to women as voting age was lowered to mens. “universal suffrage”
What is the tenth stage of development of UK constitution
European communities act 1972
What is the European communities act 1972
uk joined European economic community
Why was the European communities act 1972 significant?
European law takes precedence over domestic law
What are the advantages of having an uncodified constitution?
-greater degree of flexibility which allows political to be more responsive to changing ideas
-tend to release build up of public pressure without need for uprising
What are the disadvantages of an uncodified constitution
-less effective at protecting rights can lead to discontent
Give an example when uncodified constitution was used
Dunblane massacre
