U2. The constitution Flashcards
What is the Rule of Law?
Where the law should be applied and understood by all irrespective of whether people are private citizens or public officials. No one is above the law
Describe a parliamentary government
The fusion of powers between the executive and parliament can lead to the executive using the sovereign power of parliament to fulfil their objectives leading to a risk of an elective dictatorship
Define ‘EU membership’
The EU membership encroaches parliamentary sovereignty due to the supremacy of the EU, law, the supranational powers of the commision and the decline of national veto.
Define ‘sovereignty’
The principle of absolute and unlimited power - this may be unchallengeable political power or where there is supreme legal authority
What is a constitutional monarchy?
Where the monarch serves above the conventional party political views as a dignified part of governance, establishing political power in a way that becomes accessible to the masses
Explain what it means to have a codified constitution
A constitution that is contained in a single document that was created at a particular time. The term also implies that a codified constitution contains a set of laws that are superior to all other laws and that cannot be amended except by a special procedure that is safeguarded by them
Explain what it means to have an uncodified constitution
An uncodified constitution is not found in just one document, but many. All created at different periods of time to define them. It is bound by statute law and can be amended easily meaning that it is flexible.
What is a constitutional convention?
A convention is an unwritten rule which is considered binding even though it is not a law. Large parts of the UK constitution are governed by such conventions. They tend to develop gradually over a long period of time.
Define parliamentary sovereignty
This principle established after 1689, means that the UK Parliament (not the Scottish Parliament) in Westminster is supreme within the political system.
What does entrenchment mean?
A constitutional principle whereby constitutional rules are safeguarded against change by a future government or legislature. It means in practice that constitutional change requires special arrangements which are more difficult to make than the passage of normal laws.
The UK constitution is not entrenched as parliament can change it by simple act as it is uncodified. However, most democratic constitutions are entrenched in some way.
Define ‘referendum
A vote held among the electorate at national, regional or local level to resolve an important issue. Referendums in the UK are usually help to approve a change in the system of government or to a country’s constitutional arrangements
Explain the term ‘federalism’
A constitutional principle that divides sovereignty, or ultimate power, between central government and regional governments. Federalism normally occurs when a number of separate states come together to form one single state. A federal arrangement preserves some of the original states’ autonomy. The USA, Germany and India are good examples.
What are hereditary peers?
Members of the aristocracy who owe their title to birth, in other words they inherit their titles from their father. Some titles go back deep into history. Ninety-two such peers have a right to sit in the House of Lords.
Define electoral system
An electoral system is the mechanism by which voters at elections are converted into seats awarded to candidates and parties. Many different electoral systems are used in the democratic world
Explain the term freedom of information
This is the principle of legislation, since 2000 in the UK, which states that all citizens have a right to see certains kinds of information held by public bodies, including NHS bodies, schools and universities, as well as all levels of government. The main kinds of information about the citizen him- or herself (but not other citizens); factual information, statistics and reports held by government bodies; information held by parliamentary bodies and the minutes of meetings by non-confidential bodies. Information can be withheld if it may jeopardize national security or the efficient running of government.
