Topic 1 The Constitution Flashcards
What are the 5 main functions of a Constitution?
- distributes power
- establishes processes of gov
- est civil rights and freedoms
- est who is citizen and how to become one
- est how it can be amended
What are 2 examples of processes of gov that the constitution establishes?
Electoral system
Legislative process
How can the uk constitution be amended?
New laws
What are 2 examples of civil rights and freedoms the uk constitution has established?
Freedom of speech
HRA
What are the 3 U’s that make up the nature of the Uk Constitution?
- uncodified
- unentrenched
- unitary
What does uncodified mean?
Not found in single document, variety of sources
What does the Uk Constitution being unitary mean?
Legal sovereignty in one place - Parliament
Why has the Uk become more quasi-federal?
Devolution
What does the Uk Constitution being unentrenched mean?
Flexible (changed easily) - no safeguards protect constitutional law
What are the 2 ‘twin pillars’ of the Uk Constitution?
- Parliamentary sovereignty
- rule of law
What are the 5 main sources of the Uk Constitution?
- parliamentary statutes
- constitutional conventions
- common law
- authoritative works
- treaties
What are 3 examples of parliamentary statutes?
- HRA 1998
- EU Withdrawal Act 2020
- fixed term parliament act 2011
What are constitutional conventions?
Unwritten principles that are considered binding
What are 2 examples of constitutional conventions?
- Salisbury convention
- use of referendums to decide constitutional issues
What is the Salisbury convention?
HOL mustn’t obstruct proposal from govs last election manifesto
What is common law?
Laws est through courts and maintained by judges
What are authoritative works?
Written documents to support running of country
What is an example of an authoritative work?
2010 coalition agreement - set out rules and process for forming coalition gov
What are treaties?
International agreements - become binding on Uk
What is an example of a treaty?
Lisbon Treaty 2009 - increased areas of responsibility for EU
What did the Magna Carta 1215 establish?
Rule of law
When was the bill of rights?
1689
What did the bill of rights 1689 establish?
Sovereignty of parliament (over monarch)
When was the act of settlement?
1701
What did the act of settlement 1701 establish?
Right of parliament to decide line of succession
In what 2 ways did David Cameron amend the act of settlement in 2011?
- gave daughters equal rights with sons in succession
- removed ban on catholic spouses
When was the act of union?
1707
What did the act of union 1707 do?
United England and Scotland under name Great Britain
When were the Parliament Acts?
1911 and 1949
What did the 1911 act of parliament do?
Reduced power of HOL to block bills
What did the 1949 act of parliament do?
Further reduced HOL delaying bills to 1 year
What did the Parliament Acts 1911 and 1949 establish?
Dominance of HOC
What were the 6 stages of the development of the Constitution before 1997?
Magna Carta 1215
Bill of rights 1689
Act of settlement 1701
Act of union 1707
Parliament acts 1911 and 1949
European communities act 1972
When was the European communities act?
1972
What did the European communities act 1972 do?
Brought UK into EU
What were the 4 aims of New Labour to reform the constitution?
- democracy (make uk more democratic)
- modernisation
- decentralise power
- improve human rights
What were the 5 constitutional reforms carried out between 1997 and 2010?
HOL reform 1999
Electoral reforms 1998
Devolution 1998
HRA 1998
Supreme Court 2005
When was the HOL reform?
1999
What was the name of the legislation for the HOL reform?
HOL Act
What did the HOL reform do?
Left only 92 hereditary peers
Mostly appointed chamber (by PM)
When was the electoral reform?
1998
What were the 3 pieces of legislation under Electoral reform and devolution?
Scotland act
Wales act
Northern Ireland act
What did the electoral reform 1998 introduce?
New electoral systems, STV in Northern Ireland, AMS in Wales and Scotland
When was devolution?
1998
When was the HRA?
1998
What did the HRA do?
Bought ECHR into UK law- binding
When was the supreme court reform?
2005
What was the piece of legislation for the supreme court reform?
Constitutional reform act
What did the Supreme Court reform 2005 do?
Senior judges removed from HOL- fully independent Supreme Court
What were the 2 reforms under the coalition government 2010 - 15?
Fixed term parliaments act 2011
Further devolution to wales 2012
When was the fixed term parliaments act?
2011
What did the fixed term parliaments act 2011 do?
Elections at 5 year intervals
Exceptions approved by 2/3 parliament majority
When was further devolution given to Wales?
2012
What was the piece of legislation for further devolution to wales?
Government of wales act
What were the 3 reforms of the constitution since 2015?
EU Withdrawal
Further devolution to Scotland
Devolution to cities
What were 2 constitutional reforms since 2015 that followed a referendum?
Further devolution to Scotland
EU Withdrawal
When was further devolution given to Scotland?
2016
When was devolution given to cities (metro regions created)?
2017-21
What is an example of a metro region?
Manchester
What did the creation of metro regions do?
Elected mayors and local authorities granted considerable powers