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UK Government And Politics > The UK Constitution > Flashcards

The UK Constitution Flashcards

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1
Q

Uncodified constitution definition

A

A constitution that is not written down in a single document

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2
Q

Constitution definition

A

The set of basic rules by which a country or state is governed

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3
Q

Devolution definition

A

Transfer of power from the national or central government to local or state government

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4
Q

Federal constitution

A

Sovereignty is divided between central bodies and regional institutions

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5
Q

Amendment definition

A

A change made to a constitution

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6
Q

Common law definition

A

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

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7
Q

Convention definition

A

An unwritten rule that is considered binding on all members of the political community

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8
Q

Entrenchment definition

A

The device that protects a constitution from short term changes. Means a referendum is often required to change a constitution

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9
Q

Statute definition

A

An act of parliament

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10
Q

Unitary constitution definition

A

Sovereignty resides in one location, however some power may be distributed to regions and local governments through devolution

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11
Q

What is an example of a country other than the UK that has an uncodified constitution

A

New Zealand, Israel, Saudi Arabia

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12
Q

What is an example of a country, other than the USA, with a codified constitution

A

France, Germany, Italy, Canada, Ireland, Afghanistan, Australia, Vietnam

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13
Q

What is an example of devolution in the UK

A

Welsh assembly, Scottish Parliament

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14
Q

What is an example of a country with a federal government

A

USA, Brazil, Switzerland, Sudan, Mexico, Germany

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15
Q

What is an example of a country with a unitary government

A

UK, Cuba

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16
Q

What are the sources of the UK constitution

A

Statutes, common law, EU laws and treaties,major constitutional documents, traditions, conventions, royal prerogative

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17
Q

Codified constitution definition

A

A constitution that is written down in a single document

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18
Q

What is an example of a statute

A

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

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19
Q

What is an example of common law

A

Breach of the peace

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20
Q

What is an example of a convention

A

The Salisbury convention which states that the lords cannot stop a bill that seeks to enact a manifesto pledge on which government was elected

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20
Q

What is an example of a major constitutional document

A

Magna Carta 1215
Bill of rights act 1689
Act of settlement 1701

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21
Q

What is an example of a prerogative power

A 
Right to declare war
Right to make treaties
Right to give orders to the armed forces 
Right to dissolve parliament 
Right to appoint ministers
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22
Q

What are the advantages of an entrenched constitution

A

Protects the constitution from the short term policies of a government

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23
Q

What are the disadvantages of an entrenched constitution

A

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

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24
Q

What are the advantages of a constitution that is not entrenched

A

Flexible - evolves naturally over time

Can adapt to changing circumstances easily and rapidly - e.g. After 9/11

25
Q

What are the disadvantages of a constitution that is not entrenched

A

Vulnerable to change by a government

26
Q

What are the functions of a constitution

A

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

27
Q

What are the features of the UK constitution

A 
Uncodified 
Not entrenched
Unitary 
Parliamentary sovereignty 
Fusion of powers
Constitutional monarchy and royal peroration 
Party government
28
Q

What constitutional reform occurred in 1998

A

Devolution to Scotland, Wales and Northern Ireland

The European convention on human rights was incorporated into UK law

29
Q

What was the fixed term parliament act and when was it introduced

A

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

30
Q

What are the strengths of the UK constitution

A

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

31
Q

What are the weaknesses of the UK constitution

A

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

32
Q

What are the advantages of the UK introducing a codified constitution

A

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

33
Q

What are the disadvantages of the UK introducing a codified constitution

A

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

34
Q

Why does the UK need a constitution

A

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

35
Q

What does fusion of powers mean

A

The executive branch and legislative branch of government intermingle

36
Q

What are the advantages of a codified constitution

A 
Clear rules
Limited government
Neutral interpretation
Protects rights
Education and citizenship - people know about the constitution and their rights
37
Q

What are the disadvantages of a codified constitution

A 
Rigidity 
Judicial tyranny 
Legalistic
Political bias
Unnecessary
38
Q

What is centralisation

A

The act of consolidating power under a central control

39
Q

What is decentralisation

A

The spread of power away from the centre to local branches of government

40
Q

What are the advantages of centralisation

A

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

41
Q

What are the advantages of decentralisation

A

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

42
Q

What are key areas of constitutional reform

A 
Devolution
Electoral reform
London and local government
Freedom of information
Human rights
The judiciary 
Parliamentary reform
43
Q

What are the arguments suggesting constitutional reform since 1997 has not gone far enough

A

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

44
Q

Advantages of the constitutional reform

A

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

45
Q

Constitutionalism definition

A

The concept that a political system is governed by a constitution and that political institutions are bound by constitutional rules which are binding

46
Q

Judicial review definition

A

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

47
Q

Quasi federalism definition

A

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

48
Q

How can a country be said to have popular sovereignty

A

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

49
Q

Where does legal sovereignty lie in the UK

A

With parliament

50
Q

Parliamentary reform definition

A

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

51
Q

Why did the Labour Party decide to incorporate the European convention of human rights into UK law

A

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

52
Q

What Is the equal franchise act

A

The act that gave all men and women over 21 the right to vote - before this many women could not vote

52
Q

Republican definition

A

Head of state is elected

53
Q

Monarchical definition

A

Power is in the hands of a monarch

54
Q

Codified constitution features

A

Authoritative - is a higher law
Entrenched
Judicable - judges can say if a law is constitutional or unconstitutional

55
Q

What devolution and electoral reform occurred occurred under Blair - 1997-2007

A

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

56
Q

Other than devolution, what constitutional reform occurred under Blair - 1997-2007

A

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

57
Q

What constitutional reform occurred under Brown 2007-2010

A

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)

58
Q

Uncodified constitution features

A

Not authoritative
Not entrenched
Not judiciable

59
Q

What are the features of the UK parliamentary system

A 
Executive derived from legislature 
Fusion of power
Parliamentary sovereignty
Unitary system 
Centralisation and decentralisation (devolution)

UK Government And Politics (6 decks)

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