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Z: AS Politics Unit2 > Theme 1a) Constitution > Flashcards

Theme 1a) Constitution Flashcards

1
Q

What is the purpose of a constitution? (3 things)

A
  • Establish the duties, powers and function of the various institutions of government
  • Regulate the relationship between and among the institutions
  • Define the relationship between the state and the individual/define the extent of civil liberty
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2
Q

What is the definition of a constitution?

A

Rules by which a country is governed

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3
Q

What are codified constitutions also known as in informal terms?

A

Written constitutions

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4
Q

What do codified constitutions often follow?

A

A civil war or revolution

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5
Q

What type of constitution is written down in one single document?

A

Codified constitutions

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6
Q

What type of constitution is written down in multiple documents?

A

Uncodified constitutions

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7
Q

a) What are uncodified constitutions also known as?

b) What is the problem with this?

A

a) Unwritten constitutions

b) Gives it a false impression of not being written down, which it is, just in many different documents/sources

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8
Q

What type of constitution does the UK have?

A

Uncodified constitution

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9
Q

What are the key features of the UK Constitution? (5 things - PUUFF)

A
  • Parliamentary Sovereignty
  • Uncodified
  • Unitary
  • Fusion of powers
  • Flexible
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10
Q

What are the key features of the UK Constitution? (5 things)

A
  • Parliamentary Sovereignty
  • Uncodified
  • Unitary
  • Fusion of powers
  • Flexible
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11
Q

What does sovereignty mean?

A

Supreme, unrestricted power

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12
Q

What does ‘parliamentary sovereignty’ mean as a feature of the UK constitution?

A

The absolute and unlimited authority of Parliament which can in theory make, repeal or ament any law.

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13
Q

What is exception to the parliamentary sovereignty as a feature of the UK constitution?

A

No parliament can bind future parliaments. (For example, David Cameron cannot set a law in place for 2017 because it may not be his parliament if he is not re-elected in the 2015 general election)

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14
Q

What does ‘unitary’ mean as a feature of the UK constitution?

A

A type of constitution and system of government where ultimate power lies within a central sovereign body of government. Theoretically in Britain, it is the Parliament that is sovereign as it has the legal authority to make and repeal laws and to delegate powers to local or regional authorities

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15
Q

What is the opposite of federal government?

A

Unitary government

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16
Q

What is the opposite of unitary government?

A

Federal government

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17
Q

What is fusion of powers?

A

Where the executive branch (PM+Cabinet) and the legislative branch (Parliament) overlap/intermingle

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18
Q

Give 2 examples of ‘fusion of powers’.

A

1) David Cameron is both a member of the legislative branch (MP for Witney) and the executive branch (as PM)
2) Vince Cable is both a member of the legislative branch (MP for Twickenham) and the executive branch (as a member of the PM’s Cabinet)

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19
Q

What does ‘flexible constitution ‘ mean as a feature of the UK constitution?

A

Type of constitution where changes can take place without a length special procedure. For example, Parliament can simply pass another Act of Parliament

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20
Q

What is a constitution?

A

Document containing the fundamental rules for how a state is to be governed.

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21
Q

What is the idea of ‘limited government’?

A

The idea that the power of government to interfere with the lives of citizens should be restricted

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22
Q

What is vital in ensuring the idea of ‘limited government’?

A

Constitutions

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23
Q

What are constitutions vital for ensuring the idea of?

A

‘Limited government’

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24
Q

a) What are constitutions vital for ensuring the idea of?

b) What does this mean?

A

a) ‘Limited government’

b) The idea that the power of government to interfere with the lives of citizens should be restricted

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25
Q

What are ‘checks and balances’ for?

A

To limit the power of government

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26
Q

How are ‘checks and balances’ often achieved within constitutions?

A

By dividing up and separating different powers within branches of government

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27
Q

‘Checks and balances’ are often achieved by dividing up and separating different powers within branches of government. What branches of government are there to split up in the UK government and what powers do these branches have?

A
  • Legislative (make laws)
  • Judicial (review the laws and apply/interpret them)
  • Executive (PM + his/her Cabinet of selected MPs)
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28
Q

Explain what the 3 branches within the US government are and through what means their powers are exercised.

A
  • Legislative (Congress)
  • Executive (President)
  • Judicial (Supreme Court)
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29
Q

In what articles of the US Constitution are the 3 branches of government and their powers laid out?

A

First 3 articles

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30
Q

What do the first 3 articles of the US Constitution do?

A

Separates key powers between different branches of government

31
Q

Give an example of how, according to the first 3 articles of the US Constitution, key powers within branches of government have been separated.

A

While the President is commanding chief of the armed forces, it’s within the power of Congress (legislative branch) that can declare war and set the budgets of the forces.

32
Q

What branch of US government would you find Congress?

A

Legislative branch

33
Q

What branch of US government would you find the President?

A

Executive branch

34
Q

What branch of US government would you find the Supreme Court?

A

Judicial

35
Q

What does article 4 of the US Constitution do?

A

Defines the relationship between federal and state governments (again limiting the power of federal government)

36
Q

What does article 5 of the US Constitution do?

A

Shows how the constitution can be amended/changed.

37
Q

What does article 6 of the US Constitution do?

A

Confirms the laws of the constitution, and any compatible laws, as supreme.

38
Q

What does article 7 of the US Constitution do?

A

Explains how the constitution is to be ratified/approved by the states

39
Q

Why was the Bill of Rights for the USA created?

A

Because the Constitution did not include the rights of the citizens.

40
Q

What happened as a result of the USA’s constitution not including the rights of its citizens?

A

The Bill of Rights was created 2 years after the Constitution.

41
Q

What did the Bill of Rights in the USA contain?

A

First 10 amendments to the US Constitution to include the rights of the citizens

42
Q

Give some examples of citizen’s rights found in the Bill of Rights to amend the original US Constitution.

A
  • Freedom of speech
  • Right to bear arms/own weapons
  • Right to trial by jury
43
Q

Give some examples of what generally a constitution may include.

A
  • How power will be distributed
  • Limits of government
  • Rights of citizens
  • Nature of citizenship
  • Relationships with external bodies
  • Process for amendments/changes
44
Q

a) What is a flexible constitution opposite to?

b) What does this mean?

A

a) A rigid constitution

b) Changes can only take place as a result of a special constitutional amendment procedure

45
Q

Parliamentary Sovereignty as a feature of the UK Constitution mean the absolute and unlimited authority of Parliament that theoretically can make, repeal or amend any law.

What is the exception to this? Give an example.

A

No Parliament can bind future parliaments, e.g. David Cameron cannot set a law in place for 2017 because it may not be his parliament if he’s not re-elected in the 2015 election.

46
Q

What are the sources of the UK Constitution?

A

Statute law, EU laws and treaties, conventions, major works of authority, royal prerogative, and common law

47
Q

What is statute law?

A

A written law passed by an Act of Parliament, enforceable in the courts.

48
Q

True or False - Statute laws do not embody principles affecting the constitution.

A

Trick question
True - many don’t
False - others do because they affect the way in which we are governed, and relationships between the states

49
Q

Why do some statute laws embody principles affecting the constitution?

A

Because they affect the way in which we are governed, and relationships between the states

50
Q

a) Why do some statute laws embody principles affecting the constitution?
b) Give some examples of statute laws that do this.

A

a) Because they affect the way in which we are governed, and relationships between the states
b) ‘Representation of the People’ Acts of 1918, 1928 and 1969

51
Q

Give some examples of statute laws that embody principles affecting the constitution.

A

‘Representation of the People’ Acts of 1918, 1928 and 1969

52
Q

How are EU laws and treaties a source of the UK Constitution?

A

Where EU law and UK law coincide, EU law will always take precedence.

53
Q

What has EU law (as a source of the UK Constitution) been important for?

A

Economic and social legislation

54
Q

What are conventions?

A

Regularly observed practice considered appropriate for a given set of circumstances.

55
Q

What are constitutional conventions?

A

Sets of rules established over time by custom and practice which relate to the exercise of government powers.

56
Q

Conventions are not ________ _______.

A

Legally binding.

57
Q

True or False?

Conventions are not written down.

A

Mostly true

58
Q

True or False?

Conventions are written down.

A

False - most aren’t

59
Q

What was the Salisbury convention?

A

States the the House of Lords will not oppose the second or third reading of any government legislation promised in its election manifesto.

60
Q

Why was the Salisbury convention introduced?

A

Marked an acceptance in the 1940s that unelected upper house (with inbuilt Conservative majority) couldn’t try and rule down the will of the commons and the electorate.

61
Q

Give a recent example of when the Salisbury convention has been challenged.

A

By Conservative and LibDem peers, who voted against legislation on ID cards as featured in Labour’s 2005 election manifesto. They argued Labour didn’t have a sufficient mandate (only won 35% of the vote on law turnout) and no party had a majority anymore in the newly reformed House of Lords (stripped of it’s hereditary peers).

62
Q

What are major works of authority as a source of the UK Constitution?

A

Sources of guidance widely recognised and therefore viewed as authoritative, that often contain the nearest to a written account that the UK Constitution has.

63
Q

Give some examples of major constitutional works used as a source of the UK Constitution.

A
  • Erskine May’s “Parliamentary Practice”
  • A.V.Dicey’s “An Introduction to the Study of the Law of the Constitution”
  • Walter Bagehot’s “The English Constitution”
64
Q

A number of important documents formed the basis of the constitution because they established important principles. Give 3 examples of these major authoritative works.

A
  • Magna Carta (1215)
  • Bill of Rights (1689)
  • Act of Settlement (1701)
65
Q

What is royal prerogative as a source of the UK Constitution?

A

Royal prerogative consists of a number of powers/privileges in the past performed by the monarch but now performed by ministers on their behalf. Their authority is derived from the Crown, not parliament.

66
Q

Give some examples of the powers of royal prerogative.

A
  • Rights to declare war
  • Make treaties
  • Give orders to the armed forces
  • Dissolve Parliament
  • Appoint ministers
  • Dispense honours
67
Q

What are statute law, EU law, conventions, major works of authority, royal prerogative and common law all examples of?

A

Sources of the constitution

68
Q

What is common law also known as?

A

Case law

69
Q

Who makes common law/case law?

A

Judges

70
Q

Why is common law so named?

A

Because it is common to every person in every region of Britain

71
Q

What is common law?

A

Formed on the basis of precedents set in previous cases (i.e. judgements made by one court of law must be followed b other courts in the future if they face a similar one)

72
Q

What is common law a product of?

A

Not the legislative process but a reflection of the accumulated wisdom of the past which binds judgement into acceptance of these legal precedents

73
Q

Most original laws concerning civil rights (e.g. freedom of speech, freedom of movement) began through what?

A

Common law

Z: AS Politics Unit2 (3 decks)

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