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A level politics > The Constitution - unit 2 > Flashcards

The Constitution - unit 2 Flashcards

1
Q

Definition of a codified constitution

A

Written in a single authoritative document - it above statute law with entrenched provisions
It is also judiciable - where all political bodies are subject to the authority of the courts

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2
Q

Definition of an uncodified constitution

A

Not contained in a single written document

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3
Q

Definition of entrenched vs unentrenched

A

An unentrenched constitution has no special procedure for amdendment, unlike entrenched which requires separate rules and procedures for the amdendment

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4
Q

Magna Carta

A
  • 1215
  • A royal charter or rights agreed to by King John, forced upon him by 25 rebel barons who were unhappy with the overtaxation and abuses of power
  • Promised the church rights, protection of barons for illegal imprisonment, limitations of feudal but most importantly access to swift justice and a fair trial
  • Very important contribution to civil liberty - provides some protection to the citizen over imprisonment and established the principle that the king should respect the rule of law
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5
Q

Henry VIII breaks with Rome and uses Parliament to do it

A
  • 1533
  • Severed links with the pope to enhance his power
  • Use Parl law making powers and established Parl as main law making body
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6
Q

Bill of Rights

A

1689

James II provoked Parl by practicing Catcholicism his first act was a British Bill of rights where the king or queen could not:

  • Interfere with the law
  • Establish tax without an act of Parl
  • Interfere in parliamentary elections
  • Question freedom of speech used in Parl
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7
Q

3

The Great Reform Bill

A
  • Extended rights to vote to all men who owned property
  • Transformed the english class structure
  • Abolished ‘rotten boroughs’ so contituency more uniform
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8
Q

Representation of the People Act 1918

A
  • Men aged over 21, whether or not they owned property got vote
  • Women aged over 30 who resided in consituency or occupied land or premises with a rateable value above £5, or whose husbands did
  • Women wouldn’t get the vote till 1928
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9
Q

UK join the European Community (now known as the EU)

A
  • Econ and political partnership involving 28 european countries - countries that trade together are unlikely to go to war together
  • Since grown to become a single market allowing goods and people to move around - own currency, the euro, its own parliament and now sets rules inn a wide range of areas
  • Sov to UK diminishes
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10
Q

Withdrawal from the EU

A
  • Article 50 triggered by May
  • Left Jan 2020
  • End primacy of EU law in the UK
  • You can kinda see where this is going - they needed parliamentary approval for this
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11
Q

4

functions of the constitution

A
  • Determines how political powers should be distributed within the state
  • Determines the balance of power between institutions of gov - pm, crown, cabinet, parl
  • Establishes political processes that make system work - including relationship between institutions that govern how they operates
  • Asserts the rights of citizens in relations to state
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12
Q

3

The nature of the UK Constitution

A
  • Uncodified - no single legal code or document
  • Not entrenched - can be altered relatively easily by a simple majority vote in Parliament and highly flexible - it is not protected by a special arrangement which makes it legally very hard to change (usually a referendum is proposed for a constitutional changed)
  • Unitary - sovereignty is traditionally been located at the heart of the country - Westminister
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13
Q

Definition of parliamentary sovereignty

A

The idea that ultimate political authority lies with Parliament which exercises that authority on behalf of the people who elect it

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14
Q

Definition of legal sovereignty

A

Where ultimate and legal supreme authority lies
EG Parl suspends part of the HRA through derorogation - use of control orders breached the compatability of the Counter Terrorism Act 2005 with Article 5 of the HRA

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15
Q

Definition of political sovereignty

A
  • Ability to exercise legal power - reality of matters instead of pure principles
    EG Parliament to abolish HRA - met with opposition in the UK and internationally difficult
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16
Q

Definition of popular sovereignty

A
  • Will of the people listened to and acted upon to maintain peace and ideas for the UK democracy

EG Large maj of MPs ‘remain’ in EU - Parliament vote to trigger Article 50 becuse of the will of the people in referendum

17
Q

Definition of pooled sovereignty

A

Parliament can choose to share power with others - UN, EU, NATO

EG UK used to be a member of the EU and shared powers over certain issues - EU decisions Parliament HAD to follow

18
Q

Rule of Law

A

This ensures the UK political system is bound by law, and that everyone is equal under those laws, and bound by them.

19
Q

Unitary constitution

A

Political power lies in one single body and all other political bodies are inferior - France - Parlement Francais - french 5th republic consisting of the senate and the national assembly, Westminister

20
Q

Federalism

A

Defines legal power between a central body and regional bodies - meaning different areas of power are controlled by the national body from the capital and regional bodies that govern a local area

EG USA, Germany

21
Q

Quasi-federalism

A

A system of devolution where where it is unlikely or difficult for power to be returned to a central gov that it is, to all intents and purposes, a federal system even though it is not in constitutional terms.

Some devolution from Westminister

22
Q

3

Sources of the British constitution - Statute

A

A law passed by Parliament
All legislation must have the approval of Parliament : crucially ones that regulate the constitution itself

EG Scotland Act establishing a Scottish Parliament that holds some powers previously held by Westminister

23
Q

Sources of the British constitution - Constitutional conventions

A

Customary and accepted practices that have evolved over many years, so they represent something fixed by tradition

EG The Salisbury Convention -
The House of Lords should not block any legislation that appeared in the governing party’s most recent election manifesto

24
Q

Sources of the British constitution - Authoritative writing

A

Work written by experts describing how a political system is run, which are not legally binding but are taken by significant guides
There are a number of these which can offer definitive views on political institutions written by experts

EG Thomas Erskine May’s Treatise upon the Law, Privileges, Proceedings and Usage of Parliament is seen as the definitive guide to the rules of conduct for the members of Parliament

25
Q

Sources of the British constitution - Common law

A

A law made by judges in their rulings on specific cases. These rulings have traditionally been made to help other judges with their deliberations on similar cases. Much common law derives from decisions made centuries ago.

EG Right of free movement for public demonstrations, crown cannot detain citizens without trial

Usually concerns protection of basic rights and freedoms from encroachment from parliament or gov

26
Q

Sources of the British constitution - Treaties

A

Formal agreements with other countries

EG Maastricht 1992 - which transformed European Community from an economic alliance into the EU which was political. Those who supported Brexit felt this undermines sov of brit parl and so preparations to leave involve another treaty

27
Q

3

Arguments FOR a codified constitution

A
  • Difficult for the constitution to adapt to reflect the needs of the 21st century Britain. The archaic nature of the constitution has prevented Britain from reforming
    EG the repeated nationalisation and denationalisation of the steel industry from the late 1940s to the mid 1980s may have contributed to Britain’s demise as a steel producer
  • The unwritten constitution provides insuffecient and ineffective ‘checks and balances’ on Executive power. The rise of party politics and party government have weakened Parliament’s ability to ensure accountability and concentrated power in the PM’s hands that have led to a growing threat of civil liberties
    EG Blair’s 2005 Prevention of Terrorism Act undermined civil lib which were not protected enough in the uncodified constitution
  • Human rights are under threat - Labour’s constitutional reforms suggest that there will have to be some written constitution to sort out the array of changes (the HRA already providing a type of constitution by the back door)
    EG Con party trying to introduce ‘British Bill of Rights’
    The HRA remains weak and can be overriden by Parl. No parliament is bound by its predecessor, but could be bound by a codified constitution
28
Q

3

Arguments AGAINST a codified constitution

A
  • Brit changing society better served with a flexible unwritten constitution rather than the opposite. Its flexibility and its adaptability is its strength, it is organic and rooted in society, not kept separate.
    EG quick response to 9/11 when it came to anti-terror legislation
  • An entrenched one would be difficult to reform, mistakes would take years to rectify
    EG The debate in the USA over the 2nd amendment rights of citizens has inhibited gun control despite 85% of americans favouring background checks for gun buyers in 2018 - in Brit, the law was easily changed to ban the ownership of handguns a year after the Dunblane Massacre in 1996
  • Would give non-elected judges undue influence on political issues (judicial tyranny) - a codified constitution would transfer sov to judges who are not elected - they would be able to judge on whether laws were constitutional are not
29
Q

Comparison of the US and UK Constitution - Sovereignty

A

USA - There is no single institution holds sovereign power - the president needs support from Congress and vice versa, whilst they both fall under the scrutiny of the SC

UK - Parliament is sovereign - however, Parliament can be controlled by the PM if they hold a majority

30
Q

Comparison of the US and UK Constitution - Separation of powers

A

USA - There is no overlap in personnel between the exec, leg, judic

UK - separation of powers - judges are appointed by royal prerogative and parliament can be dominated by the executive

31
Q

Comparison of the US and UK Constitution - Nature of Power

A

USA - Federalism - The fed, state and local gov all have constitutionally guaranteed powers

UK - Unitary system of gov - power is concentrated in the centre

32
Q

Comparison of the US and UK Constitution - Role of Head of State

A

USA - The president is the Head of State as well as the Head of Government

UK - The Monarch is the head of state - really little power - the PM is the Head of Gov

33
Q

Comparison of the US and UK Constitution - Prerogative powers

A

USA - All powers are set out in the constitution, although custom has led to the development of minor powers such as executive orders and agreements

UK - Most of the powers of the monarch are now controlled by the PM - referred to as royal prerogative powers

34
Q

Comparison of the US and UK Constitution - Rule of Law

A

All are equal under the law and the gov must respect the laws when making decisions and taking action

35
Q

Comparison of the US and UK Constitution - Codified/entrenched

A

USA - Codified in the Bill of Rights and subsequent amendments - the constitution is entrenched - would take a 2/3 maj and approval of 3/4 of the states to make amendments

UK - Not codified or entrenched - exists in statute law, common law, royal prerogative, conventions, authoritative works and EU law

A level politics (34 decks)

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