The UK Constitution Flashcards
Uncodified constitution definition
A constitution that is not written down in a single document
Constitution definition
The set of basic rules by which a country or state is governed
Devolution definition
Transfer of power from the national or central government to local or state government
Federal constitution
Sovereignty is divided between central bodies and regional institutions
Amendment definition
A change made to a constitution
Common law definition
Made by judges
Law formed in the basis of precedents set in previous cases - i.e. judgements are by one court of law must be followed by other courts in the future if they face a similar case
Most of the original laws concerning civil rights began in this way, such as freedom of speech and freedom of movement
Convention definition
An unwritten rule that is considered binding on all members of the political community
Entrenchment definition
The device that protects a constitution from short term changes. Means a referendum is often required to change a constitution
Statute definition
An act of parliament
Unitary constitution definition
Sovereignty resides in one location, however some power may be distributed to regions and local governments through devolution
What is an example of a country other than the UK that has an uncodified constitution
New Zealand, Israel, Saudi Arabia
What is an example of a country, other than the USA, with a codified constitution
France, Germany, Italy, Canada, Ireland, Afghanistan, Australia, Vietnam
What is an example of devolution in the UK
Welsh assembly, Scottish Parliament
What is an example of a country with a federal government
USA, Brazil, Switzerland, Sudan, Mexico, Germany
What is an example of a country with a unitary government
UK, Cuba
What are the sources of the UK constitution
Statutes, common law, EU laws and treaties,major constitutional documents, traditions, conventions, royal prerogative
Codified constitution definition
A constitution that is written down in a single document
What is an example of a statute
The Scotland and Wales acts
1918 representation of the people act - gave woman of property over 30 the right to vote
1969 representation of the people act - lowered the voting age to 18
What is an example of common law
Breach of the peace
What is an example of a convention
The Salisbury convention which states that the lords cannot stop a bill that seeks to enact a manifesto pledge on which government was elected
What is an example of a major constitutional document
Magna Carta 1215
Bill of rights act 1689
Act of settlement 1701
What is an example of a prerogative power
Right to declare war Right to make treaties Right to give orders to the armed forces Right to dissolve parliament Right to appoint ministers
What are the advantages of an entrenched constitution
Protects the constitution from the short term policies of a government
What are the disadvantages of an entrenched constitution
Not flexible
Hard to change in times of crisis e.g. after 9/11 as a referendum is usually required
Causes many laws to be outdated, e.g. the right to carry a gun in America
What are the advantages of a constitution that is not entrenched
Flexible - evolves naturally over time
Can adapt to changing circumstances easily and rapidly - e.g. After 9/11
What are the disadvantages of a constitution that is not entrenched
Vulnerable to change by a government
What are the functions of a constitution
States how and when elections occur - electoral system
Establishes distribution of power - the power of parliament, the executive, the judiciary, local council etc
Establishes the rights of people
What are the features of the UK constitution
Uncodified Not entrenched Unitary Parliamentary sovereignty Fusion of powers Constitutional monarchy and royal peroration Party government
What constitutional reform occurred in 1998
Devolution to Scotland, Wales and Northern Ireland
The European convention on human rights was incorporated into UK law
What was the fixed term parliament act and when was it introduced
The fixed term parliament act was introduced in 2011 and meant that the prime minister can no longer choose the date of the next general election, instead it was fixed at 5 years
What are the strengths of the UK constitution
It is very flexible - can be changed by a simple act of parliament
It places power firmly in the hands of the elected government, allowing it to deliver its mandate effectively
It provides for accountability through parliamentary sovereignty
It has decentralised some power from the centre
There is an independent judiciary
The rights of individuals and minorities are guaranteed by the law and all are equal under the law
It allows for strong and decisive governments not constrained by constitutional rules
Has stood the test of time
Provides a coherent system of government
The rule of law protects the rights of citizens
What are the weaknesses of the UK constitution
May place too much power in the hands of the government and too little in the hands of parliament
Said to be too easy to change - danger of government giving themselves too much power and vulnerable to short term changes
As it is uncodified people are unaware of its main principals
Parts are undemocratic - the monarch, the electoral system and unelected peers in the House of Lords
The convention on human rights is not binding on parliament so the rights of citizens are vulnerable
Despite devolution some say power remains too centralised
Local and sub-national governments are not constitutionally protected
What are the advantages of the UK introducing a codified constitution
It would make the rights of citizens clear
It would include clear protections for the rights of citizens
The process of judicial review would be clear and transparent
It might prevent the further drift towards excessive executive power
It would clarify the UK’s relationship with the EU
It would be clear to all citizens what is and what is not constitutional
It would bring the UK into line with most other modern democracies
It would remove uncertainty with specific roles, e.g. the monarch
What are the disadvantages of the UK introducing a codified constitution
The current constitution is flexible and can easily be adapted to changing circumstances
It is not necessary as the current constitution works well
The lack of constitutional restraint allows for strong and decisive governments
A codified constitution would give too much power to unelected judges
Would not guarantee rights are protected
Hard to devise one that pleases everyone
No widespread deep and or interest in change
Why does the UK need a constitution
Protects the rights and civil liberties of the population
Set up institutions that pass law - legislature
Set up the roles and duties of those in government
Set up institutions that enforce the laws
State the functions and powers of departments and parts of government - what they can and can’t do
Government has to follow laws as well, to make sure it’s not abusing its power
States how government is appointed or selected - e.g. elected
To make sure the government provides certain things for people - defence, welfare etc
What does fusion of powers mean
The executive branch and legislative branch of government intermingle
What are the advantages of a codified constitution
Clear rules Limited government Neutral interpretation Protects rights Education and citizenship - people know about the constitution and their rights
What are the disadvantages of a codified constitution
Rigidity Judicial tyranny Legalistic Political bias Unnecessary
What is centralisation
The act of consolidating power under a central control
What is decentralisation
The spread of power away from the centre to local branches of government
What are the advantages of centralisation
Promotes national unity
Promotes uniformity of laws, taxation, education etc
Promotes equality - easier redistribution of wealth
Single currency and central control of taxation and infrastructure promotes prosperity
What are the advantages of decentralisation
Provides enhanced opportunities for democratic participation
Promotes higher degree of responsiveness - government closer to the people - accountability enhanced
Legitimacy enhanced
Guards against central government tyranny with checks and balances
What are key areas of constitutional reform
Devolution Electoral reform London and local government Freedom of information Human rights The judiciary Parliamentary reform
What are the arguments suggesting constitutional reform since 1997 has not gone far enough
Lords reform is incomplete, e.g. human rights act does not bind the UK Parliament , few elected mayors, freedom of information is too weak
Human rights act does not bind UK Parliament
Freedom of information is too weak
Few elected mayors
No codified constitution
Too much power still rests with the executive
Advantages of the constitutional reform
Have generally structured checks and balances by decentralising power
House of Lords has more legitimacy
Freedom of information act has had an impact, eg MPs expenses
The judiciary is more independent
The human rights act has lead to many successful rights and liberties legal victories
Constitutionalism definition
The concept that a political system is governed by a constitution and that political institutions are bound by constitutional rules which are binding
Judicial review definition
A process undertaken by senior courts where judges are required to interpret, re-interpret or clarify constitutional rules
Take place in response to appeals by citizens or associations
Quasi federalism definition
A description often applied to both the EU and devolution in the UK - though the arrangements in the EU and UK are not legally federal they are so similar to a federal system that they can be described as quasi federalism - close to federalism
How can a country be said to have popular sovereignty
The people elect a parliament and a government at each general election - their verdict at an election cannot be challenged
The ruling party has a mandate
Referendums
Where does legal sovereignty lie in the UK
With parliament
Parliamentary reform definition
A process whereby reforms in the membership, powers or procedures of either or both the Houses of Parliament are made or proposed
The increase in the power of the police and courts were seen as a major threat to people’s rights
Why did the Labour Party decide to incorporate the European convention of human rights into UK law
A general desire to bring the British constitution into line with the rest of Europe, all of whose states have special arrangements to protect individual rights
What Is the equal franchise act
The act that gave all men and women over 21 the right to vote - before this many women could not vote
Republican definition
Head of state is elected
Monarchical definition
Power is in the hands of a monarch
Codified constitution features
Authoritative - is a higher law
Entrenched
Judicable - judges can say if a law is constitutional or unconstitutional
What devolution and electoral reform occurred occurred under Blair - 1997-2007
Scotland devolution - Scotland act 1998 - able to raise/lower UK income tax by 1%
Scottish Parliament established in 1999
Wales devolution - government to of Wales act 1998
Welsh National Assembly established in 1999
Northern Ireland devolution - under good Friday agreement a Northern Ireland assembly was formed established with powers of primary legislation, education, health etc - but defence, foreign policy, relations with Irish Republic, economic policy, social policy and taxation still with Westminster
Electoral reform - STV introduced for local elections in Scotland (1997) and elections to NI assembly (1999), AMS introduced for elections to Scottish Parliament (1999), Welsh assembly (1999) and greater London assembly (2000) and regional list system introduced for elections to EU parliament
Other than devolution, what constitutional reform occurred under Blair - 1997-2007
Freedom of information act 2000 - gave citizens the right to see information about themselves held by public bodies
Human rights act 1998 - made ECHR part of UK law
Greater London authority act 1999
Greater London assembly established in 2000
House of Lords act - removed all but 92 hereditary peers
Lord chancellor no longer head of the courts system - Lord Chief Justice became head of the judicial system
Post of Secretary of State for constitutional affairs created in the cabinet - advised the cabinet I constitutional issues
A new judicial appointments commission set up to propose candidates for promotion to senior judges
What constitutional reform occurred under Brown 2007-2010
Wales devolution Welsh assembly voted in favour of holding a referendum on the issue of enabling the assembly to pass primary legislation
Northern Ireland devolution - St. Andrew’s agreement 2007 - new NI executive takes office
2010 - transfer or law and order and security issues to the NI executive
MP expenses scandal (2009) prompted a new system whereby the issue of expenses and MPs pay was placed in the hands of an independent commission
Supreme Court replaced the House of Lords as the highest court of appeal and constitutional court of the UK (2009)
Uncodified constitution features
Not authoritative
Not entrenched
Not judiciable
What are the features of the UK parliamentary system
Executive derived from legislature Fusion of power Parliamentary sovereignty Unitary system Centralisation and decentralisation (devolution)
