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The UK Constitution Flashcards

1
Q

What is a constitution?

A

The laws, rules and practices by which a state is governed.

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2
Q

What is a codified constitution?

A

One that is entirely written down in one place

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3
Q

What are the features of a codified constitution?

A

The constitution exists as a higher body of law.
Cannot simply be amended like normal laws passed by the legislature.
As a result, these laws are “entrenched”

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4
Q

What is an uncodified constitution?

A

One that is not entirely written down in one single place.

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5
Q

What are the features of an uncodified constitution?

A

There are no higher laws, all laws are equal.
No entrenched or fundamental laws.
Laws can easily be amended.

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6
Q

What are the benefits of having a written constitution?

A

Courts are allowed to strike down any laws that are not in line with the constitution.
Allows for greater protection of civil liberties and human rights.
Outlines the process to take in a complex situation.

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7
Q

Which type of constitution does the UK have?

A

Uncodified constitution

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8
Q

What are the 5 sources of UK constitution?

A

Statute law
Common law
Conventions
Authoritative works
European Union law and treaties

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9
Q

What are statute laws?

A

Laws created by parliament.
Acts of Parliaments have to be approved by the House of Commons, the House of Lords and the monarch before they are placed on the statute books.
Then they are implemented by the executive branch and enforced by the courts.

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10
Q

Give examples of statute laws

A

Great Reform Act 1832
Parliament Acts 1911 and 1949
Scotland Act 1998
Human Rights Act 1998

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11
Q

What are common laws?

A

Legal principles that have been discovered, developed and applied by UK courts.
Judges use their power of judicial review to clarify or establish a legal position where statute law is absent or unclear.
It serves to guide both the lower courts and future lawmakers.
Parliamentary sovereignty means that the government can always overturn such common law with Acts of Parliaments

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12
Q

Give an example of common law

A

The Royal Prerogative

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13
Q

What is the Royal Prerogative?

A

The powers exercised in the name of the Crown which included appointing ministers and choose the prime minister, give royal assent to legislation and declare war and negotiating treaties.

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14
Q

What are conventions?

A

Rules or norms of behaviour that are considered to be binding.
Their very usage over an extended period of time, gives conventions to their authority.
New conventions can also be established.

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15
Q

Give an example of a convention

A

During his short tenure as prime minister, Gordon Brown announced that the UK would not declare war without a parliamentary vote.

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16
Q

What authoritative works?

A

Refers to a handful of long-established legal and political texts that have come to be accepted as the reference points for those wishing to know precisely ‘who can do what’ under the UK constitution.
They hold no formal legal status but they do have ‘persuasive authority’.
Helpful in identifying, interpreting and understanding the core values that underpin the constitution

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17
Q

Give examples of authoritative works

A

Walter Bagehot’s The English Constitution (1867)
A. V. Dicey’s An Introduction of the Study of the Law of the Constitution (1885)

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18
Q

What are european laws and treaties?

A

Following the European Communities Act 1972, the UK became a member of the European Economic Community (EEC) on 1 January 1973.
The treaties establishing the European Union, legislation emanating from the EU, and judgements of the European Court of Justice have all become a part of the British constitution.
European laws get incorporated into UK law.
However, due the 2016 referendum, the UK is no longer apart of the European Union but most European laws are still incorporated in UK statue law.

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19
Q

Give examples of European laws and treaties

A

European Communities Act 1972

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20
Q

What are 3 types of constitutional states?

A

Unitary
Union
Federal

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21
Q

What are the features of a unitary state?

A

A highly centralised state in which political power is concentrated at the centre.
Central government has ultimate authority over subnational institutions.
The centre dominates the political, economic and cultural life of the state.
All areas of the state are governed in the same way and there is a very high degree of administrative
standardisation.

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22
Q

What is a union state?

A

A state whose component parts have come together through a union of crowns or by treaty.
There is a high degree of administrative standardisation but the component nations retain some of their pre-union features (e.g. separate churches or legal systems).
Political power is concentrated at the centre but the component nations have some degree of autonomy (e.g. through devolution)

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23
Q

What is a federal state?

A

A state in which the constitution divides decision-making between national (federal) and regional (state) tiers of government.
The different tiers of government are protected by the constitution: one tier cannot abolish the other.
The regions within the state have a distinctive political, and often cultural identity.

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24
Q

What is the state is the UK constitution?

A

Unitary state

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25
Why might some argue the UK constitution to be a union state?
Wales was invaded by England, Scotland joined the union through an international treaty, and Northern Ireland remained part of the UK after the establishment of the Irish Free State. Political and cultural differences survived. Scotland kept its own legal system, Wales retained its own language and Northern Ireland maintained its separate institutions and political parties
26
What is a parliamentary sovereignty?
Doctrine of parliamentary sovereignty holds that the Westminster parliament is the supreme law-making body
27
What are the 3 propositions of parliamentary sovereignty?
Parliament can legislate on any subject of its choosing Legislation cannot be overturned by a higher authority No parliament can bind its sucessors
28
What challenges parliamentary sovereignty?
EU membership Devolution Referendums
29
How does EU membership challenge parliamentary sovereignty?
Under European Communities Act 1992, parliament effectively agreed to make its self subserviently to European law
30
How does Devolution challenge parliamentary sovereignty?
Scottish government gained tax-varying powers and primary legislative control
31
How do Referendums challenge parliamentary sovereignty?
Their increased use since 1997 transferred a degree of legislative power from parliament to the people
32
What is the rule of law?
Defines the relationship between the state and its citizens, ensuring that state action is responsible and limited.
33
What are the main 3 strands of the rule of law?
No one can be punished without trial No one is above the law, and are all subject to the same justice General principles of the constitution, such as personal freedoms, result from judge-made common law rather than parliamentary statue law
34
How does fairness relate to the rule of law?
Everyone has the right to a free and fair trial meaning they cannot just be assumed guilty. It's always innocent until proven guilty. Rule of law allows lawyers and to be judged fairly
35
How does equality relate to the rule of law?
No one despite their wealth, popularity or celebrity status is above the law. Courts of law should always give everyone the same treatment. Rule of law also requires that laws shouldn't be made to discriminate and should apply to everyone equally
36
How does liberty relate to the rule of law?
It is assumed that everyone is free to do whatever they want unless their is a law that prohibits it. Punishments need to be proportionate to the offence. State shouldn't abuse their power
37
Why is the rule of law so important?
Everything we do is governed by the law and we will always under the law.
38
How did labour win the 1997 general election?
They promised to make constitutional reforms
39
What constitutional reforms did labour make from 1997?
The Human Rights Act 1998 Devolution Electoral Reforms Parliamentary Reform Judicial Reforms
40
How did the Human Rights Act (1998) make constitutional reform?
The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law. Examples include right to life, right to a fair trial and freedom from discrimination.
41
How did Devolution make constitutional reform?
In 1999, power was devolved to new institutions in Scotland, Wales and Northern Ireland, following ‘yes’ votes in referendums in each nation. Scottish Parliament with primary legislative and tax-raising powers. Northern Ireland Assembly with primary legislative powers. Welsh Assembly with secondary legislative powers. A directly elected mayor of London and a London Assembly.
42
How did electoral reforms make constitutional reform?
New electoral systems for devolved assemblies, for the European Parliament and for elected mayors. For example, Scottish Parliament uses Additional Member System (AMS), whilst the Northern Ireland Assembly uses Single transferable vote (STV).
43
How did parliamentary reform make constitutional reform?
House of Lords Act (1999) removed all but 92 hereditary peers. Limited reforms to the workings of the House of Commons.
44
How did judicial reform make constitutional reform?
The Constitutional Reform Act (2005) created UK's highest court, the Supreme Court, and removed the judicial role from the House of Lords which enhanced the separation of powers but the Supreme Court does not have the authority to strike down legislation. CRA (2005) also reduced the role of Lord Chancellor who was no longer the head of the judiciary and speaker of House of Lords
45
What constitutional reforms did the conservatives make since 1997?
House of Lords Reform Act 2014 The Scotland Act 2012 Fixed-term Parliaments Act 2011
46
What is the House of Lords Reform Act 2014 and how did it make constitutional reform?
The Act was aimed at halting the inexorable increase in the number of those eligible to sit and vote in the House of Lords, by giving existing peers the right to retire or resign their seats in the chamber. It also allowed peers to be removed as a result of serious criminal offences or non-attendance. Fifty-four peers had resigned under the terms of the Act by 2016, with a further four removed as a result of non-attendance.
47
What is the Scotland Act 2012 and how did it make constitutional reform?
The Act gave the Scottish government the power to vary income tax up or down by 10 pence in the pound and devolved further powers to the Scottish government, including in the area of the regulation of controlled drugs. It also allowed the Scottish government to borrow up to £2.2bn per annum.
48
What is the Fixed-Term Parliament Acts 2011 and how did it make constitutional reform?
The Act established a pattern of fixed general elections every 5 years, starting in 2015. It thereby removed the ability of the prime minister to call an election at a politically advantageous time although its limitations were made clear by the calling of an early election in 2017.
49
What are the strengths of the UK constitution?
Adaptability Strong government Accountability
50
How is adaptability a strength of the constitution?
Constitution has evolved gradually in the face of changed circumstances. Pragmatic reforms, introduced where there is a clear case for change, have enabled the constitution to adapt without the need for parliamentary supermajorities
51
How is strong government a strength of the constitution?
This is because the process of government is conducted by political parties – the cabinet is party-based and the governing party generally exercises significant control over the legislative process in the House of Commons through its majority. The government is therefore able to implement most of its political objectives.
52
How is accountability a strength of the constitution?
The government is accountable to both parliament, which scrutinizes its activities, and the wider electorate.
53
What are the weaknesses of the UK constitution?
Outdated and Undemocratic Concentration of Power Lack of Clarity
54
How is outdated and undemocratic a weakness of the constitution?
Key elements of common law, notably the royal prerogative, date back to medieval times – just as the House of Lords is a throwback to a pre-democratic era. It is hard to justify the hereditary principle in a liberal democratic state.
55
How is concentration of power a weakness of the constitution?
Power is concentrated at the centre and there are few safeguards against the arbitrary exercise of state power. Parliamentary sovereignty and the absence of a codified constitution mean that even the key tenets of the rule of law are not fully protected. A government with a strong majority can force through legislation, undermining civil liberties and weakening other institution
56
How is lack of clarity a weakness of the constitution?
It is not always immediately clear where a government has acted unconstitutionally. Parliament, controlled by the government of the day, is the final arbiter of the constitution. The government can even use its control of the legislature to pass new Acts that overturn unfavourable rulings in the courts.
57
What are the arguments for the UK having a codified constitution?
It is the logical conclusion of recent constitutional reforms. It would provide greater clarity on what is constitutional. It would be an authoritative reference point for the courts. It would set limits on the powers of the state and its institutions. It would provide greater protection for the rights of citizens. It would better inform citizens about the values and workings of the political system.
58
What are the arguments against the UK having a codified constitution?
Pragmatic adaptation has worked well and is preferable. There is no agreed process for establishing a codified constitution. There is no elite consensus on what a codified constitution should include. It would be rigid and difficult to amend. It would give judges, who are unaccountable, greater political power. There is no great popular demand and other issues are more important.
59
What is a bill of rights?
Document that sets out civil liberties and rights as well as securing the succession of the crown
60
What is the case for Bill of Rights?
Adding to the ECHR Parallel Bills Replacing the ECHR A codified constitution
61
How are rights currently protected in the UK?
Common Law Equity Statute Law European Law
62
Why should their be a British Bill of Rights?
UK rights would be controlled by UK political institutions. Rights in the UK would be designed to suit the specific circumstances in the UK. UK rights would be enforced only by UK judges. There would be no appeal to an appeal court of foreign judges, as is the case with the ECHR.
63
Why shouldn't their be a British Bill of Rights?
It is argued that rights are universal. All citizens of the world are entitled to the same rights, liberal philosophers have insisted, so a ‘British’ Bill of Rights is a contradiction in terms. A British Bill would be inadequate because it could be amended by parliament at any time. An external appeal court (the European Court of Human Rights) is more neutral than the UK Supreme Court, which would view rights only from a British perspective. A practical argument is that it would be impossible to find widespread agreement about what should be included in a British Bill.
64
What are the arguments supporting that Brexit won the case for codification?
Required the government to rely on outdated tools Absence of lifeguards for powers of devolved regions Protection of rights is weak
65
What are the arguments against Brexit winning the case for codification?
It wouldn't have provided answers to the most pressing questions Upset branches of government Would still se the relations
66
According the electoral reform society, what should be the 3 outcomes of remodeling the constitution?
Active participation and engagement Fair representation Good governance
67
How can active participation and engagement be encouraged?
Lowering the voting age to 16 Making wider use of e-democracy Simplifying voting registration Opening up candidate selection
68
How can fair representation be delivered?
Electoral reforms Redrawing electoral districts
69
How can good governance be asserted?
Completing the Lords reform Modernising the commons Enhancing local democracy

Politics: UK Politics (5 decks)

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