The UK Constitution Flashcards
What is a constitution?
A document outlining the fundamental rules for how a state is to be governed.
What are the sources of the UK constitution?
Statute Law/ Common Law/ Conventions/ Authoritative Texts/ EU Law
What are the characteristics of an un-codified constitution?
- not authoritative- not above the law, single-tiered
- not entrenched- flexible, easily amendable
- not judiciable- parliamentary sovereignty
- found in varied sources
- increasingly rare: UK and Israel the only clear democratic examples
What is Limited Government?
Which party is in favour of this practice?
A form of government in which government power is constrained through checks and balances, with protections for individual rights. Opposite to arbitrary government such as dictatorship.
The Liberal Democrats (Liberals)
Give examples of Statute Laws (passed by Parliament) that have changed ‘branches of government’ and state what they changed :
Parliament Acts of 1911 and 1949- limited the powers of House of Lords to delaying (by two yrs then one), not stopping bills. SALISBURY CONVENTION.
House of Lords Act 1999-removed all but 92 hereditary peers.
Constitutional Reform Act 2005-established the UK Supreme Court.
Devolution related Statute Laws passed:
Scotland Act 1998, Northern Ireland Act 1998, Government of Wales Act 1998
Statute Laws related to Electoral Reform:
European Parliamentary Elections Act 1998- introduced in PR for EU elections.
Political Parties, elections and referendums Act 2000- limited donations to political parties and campaign expenditure, also created the Electoral Commission to oversee and advise on elections.
Constitutional changes (statute laws) that have affected our rights and civil liberties:
Human Rights Act 1998- established the European convention on Human Rights as part of UK Statute Law.
Freedom of Information Act 2000-established the right to access government information.
What are the main conventions of the UK constitution?
The powers of the Royal Prerogative (e.g declaring war, appointing and sacking PM, granting honours like knighthoods, signing international treaties. CEREMONIAL)
Appointment of PM- by convention the leader of the largest party in commons.
Individual ministerial responsibility-when ministers should resign.
Collective ministerial responsibility- vote of no confidence, government would collectively resign. All members of the government should support government policy in public.
When did the UK join the EU?
1973, following the European Communities Act in 1972.
What is the Doctrine of Supremacy?
EU Law should replace any conflicting national laws.
What is the Doctrine of Direct Effect?
EU Law did not need the approval of Parliament.
What was the Factortame Case (1991)?
Merchant Shipping Act (1988) that restricted rights of foreign-owned ships to fish in British waters conflicted with EU Law. Dis-applied the conflicting parts of the law.
Examples of Authoritative Texts:
Bagehot’s ‘The English Constitution’ (1867)
AV Dicey’s ‘An Introduction to the study of the law of the constitution’ (1885)
What is an elective dictatorship? Who came up with it?
Lord Hailsham/ Quentin Hogg: when a government has almost unlimited power (ability to pass laws), which is only monitored by their ability to win elections.
What are the 5 Key Principles of the UK Constitution?
- Parliamentary Sovereignty
- Rule of Law
- Parliamentary government/ Fusion of Powers
- Constitutional monarchy
- EU membership
What of kind of powers does the EU Commission possess?
Supranational Powers
What is popular sovereignty?
The theory that due to increased referendums etc sovereignty has been diverted from parliamentary and into the hands of the public.
What is pooled sovereignty?
The combination of the national sovereignties of member states to enhance their power and influence; the whole is greater than its parts. Pro-European phrase.
What is a constitutional monarchy?
Where the monarch still acts as a head of state but is restricted by the constitution- a primarily ceremonial role.
What is political sovereignty?
The principle that the legislative makes laws on the basis of policy approved by the electorate. So we may say that the electorate are politically sovereign, as opposed to Parliament.
What does quasi-federalism mean?
A principle that is arguably applicable to UK, where the state is only partially federal. It possess features of federalism, i.e Devolved powers, however the overriding powers remain in Parliament (parliamentary sovereignty) and therefore it cannot claim to be entirely federal.
What is the conservative argument in favour of the UK constitution?
It is a tried and tested document which is an integral part of UK heritage, its durability can be dated back to the Magna Carta (1215). Believe in organic change, as opposed to radical, enforced change.
When have conventions been disregarded?
Theresa May refusing to take responsibility for chaos at airports and ports across Britain due to Syrian passports scandal, instead blaming Brody Clark- head of the civil service.
