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Gov & Politics > UK Constitution > Flashcards

UK Constitution Flashcards

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1
Q

What is limited government?

A

A system in which the powers of government are subject to legal constraints as well as checks and balances within the political system

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2
Q

What is a codified constitution?

A

A single document that sets out all the laws, rules and principles of government

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3
Q

What is an uncodified constitution?

A

When the constitution is collected from a variety of different sources and not written in a single document

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4
Q

What is an entrenched constitution?

A

The constitution is very difficult to change, often requiring supermajorities or approval via referendum

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5
Q

What is fundamental law?

A

Constitutional law that is deliberately superior to regular statute law and is given a degree of protection from being easily changed

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6
Q

What is the consequence of the UK having an unentrenched constitution?

A

The constitution can be easily changed with a simple parliamentary majority

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7
Q

Why does having an uncodified constitution limit judicial review?

A

There is no official document that the judiciary can use to determine whether or not an action is unconstitutional

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8
Q

5 sources of the UK constitution

A
  • Statute law
  • Common law
  • Conventions
  • Authoritative works
  • EU law and treaties
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9
Q

What is statute law?

A

Law derived from Acts of Parliament

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10
Q

Recent examples of constitutional statute law

A
  • Scotland Act 1998
  • Human Rights Act 1998
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11
Q

How is statute law passed?

A

Through the HoC, then the HoL, then it recieves Royal Assent

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12
Q

What is common law?

A

Law derived from the decisions of judges

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13
Q

What is judicial review?

A

The power of the judiciary to declare whether the actions of government are unlawful

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14
Q

How is common law weaker than statute law?

A

Due to parliamentary sovereignty, the government can overturn common law through an Act of Parliament

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15
Q

Can the UK judiciary declare the government’s actions unconstitutional?

A

No due to the absence of fundamental law - they can only be declared unlawful or incompatible with the Human Rights Act

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16
Q

What is the royal prerogative?

A

Powers of the Crown exercised by the government in the name of the monarch

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17
Q

Examples of royal prerogative powers?

A
  • Appoint ministers and choose the PM
  • Give royal assent to legislation
  • Declare war and negotiate treaties
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18
Q

What are conventions?

A

Established norms of political behavior rooted in past experience rather than law

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19
Q

What document in 2011 put many conventions into law?

A

2011 Cabinet Office Manual

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20
Q

Example of a recently established convention

A

Gordon Brown announced that the UK would not declare war without a parliamentary vote

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21
Q

What are the constitutional ‘works of authority’?

A

Referring to a handful of long established legal and political texts that are now seen as constitutional reference points

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22
Q

Example of a 19th century ‘work of authority’?

A

Walter Bagehot’s “The English Constitution” (1865)
Sets out the role of the cabinet and the PM

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23
Q

Which EU treaty states that EU law takes precedence over UK law?

A

Treaty of Rome

24
Q

What act was passed to allow the UK to join the EU?

A

The European Communities Act 1972

25
Q

What is a unitary state?

A
  • Sovereignty concentrated at the centre
  • Opposite of a federal state
26
Q

4 principles of the UK constitution

A
  • Parliamentary sovereignty
  • Rule of Law
  • Unitary state
  • Parliament rules over a constitutional monarchy
27
Q

What is parliamentary soverienty?

A

The doctrine that parliament has complete legal authority over the state

28
Q

3 aspects of parliamentary sovereignty

A
  • Parliament can legislate on any subject of its choosing
  • Legislation cannot be overturned by a higher authority
  • No parliament can bind its successors
29
Q

Why was parliamentary sovereignty undermined when the UK was in the EU?

A

Acts of Parliament had to comply with the supreme EU law

30
Q

Evidence that parliamentary sovereignty has weakened?

A
  • Increased devolution
  • Laws previously had to comply with EU law
  • Increased referendums has given some power to the people
31
Q

What is the rule of law?

A

A principle meaning that the law must treat everyone equally and fairly

32
Q

How does the rule of law conflict with parliamentary sovereignty?

A

The rule of law means that laws passed by parliament must be interpreted by an independent judiciary, free from political interference

33
Q

What are civil liberties?

A

Fundamental rights and freedoms that ought to be protected from state interference

34
Q

What is a constitutional monarchy?

A

A system where the monarch is the formal head of state but their powers are exercised by government ministers

35
Q

Why is the UK constitution being adaptable an advantage?

A

Pragmatic reforms can be implemented when there is a clear case for change to adapt to the needs of the nation

36
Q

Why does the UK constitution create a strong government?

A

The elected government is easily able to implement their objectives without formal restraints due to parliamentary sovereignty

37
Q

How does the UK constitution hold the government to account?

A

The Fixed Term Parliament Act 2011 means an election every 5 years so the government are accountable to the electorate

[repealed 2022]

38
Q

How is the UK constitution outdated?

A

Many elements of common law and the royal prerogative date back to medieval times. The House of Lords remains from the pre-democratic era.

39
Q

How is the UK constitution undemocratic?

A

It is hard to argue that having an unelected House of Lords who get a say in the legislative process is democratic

40
Q

Why is the concentration of power at Westminster a weakness of the UK constitution?

A

Parliamentary sovereignty means the rule of law is not fully in place - a government with a majority can force through legislation which undermine civil liberties

41
Q

What is a weakness of the UK constitution being uncodified?

A
  • It is not always clear when the government has acted unconstitutionally
  • The rights of citizens are not entrenched
42
Q

5 examples of Blair’s constitutional reforms

A
  • Human Rights Act
  • Expanded devolution
  • New electoral systems for devolved assemblies
  • House of Lords reform
  • Established the Supreme Court
43
Q

Human Rights Act 1998

A

Enshrined most of the provisions of the European Convention on Human Rights into UK law

44
Q

How did the Human Rights Act change the legislative process?

A

All bills introduced into Westminster are reviewed by lawyers to make sure they are ‘HRA-compliant’

45
Q

Why is the Human Rights Act limited?

A

While the court can declare legislation incompatible with the HRA, it is up to ministers to decide whether or not to repeal the offending statute

46
Q

How can the government temporarily ignore the Human Rights Act?

A

They can request a derogation - this allows them to temporarily ignore the rules.

Example: in 2001 they forced a derogation of Article 5 (right to liberty and security) to allow for the detention of foreign nationals suspected of terrorist activity.

47
Q

What changes did Blair make to devolution in London?

A

Established the Mayor of London who had significant powers on issues like the environment and transport. Also created the London Assembly.

48
Q

House of Lords Act 1999

A

Abolished the right of all but 92 hereditary peers to sit and vote in the upper house.
No political party had an overall majority in the Lords.

49
Q

What is the main type of peer in the House of Lords following the changes in 1999?

A

Life peers

50
Q

Constitutional Reform Act 2005

A

Established the Supreme Court, creating a full separation of powers

51
Q

Fixed Term Parliament Act 2011

A

General elections were fixed every 5 years, starting in 2015. Aimed to limit the power of the PM to call an election at a politically advantageous time.

52
Q

Protection of Freedom Act 2012

A

Offered citizens greater protection from the state by putting in place proper scrutiny of security services and data collection

53
Q

House of Lords Reform Act 2014

A
  • Existing peers had the right to resign or retire
  • Peers could be removed for non-attendance or a serious criminal offence
54
Q

Arguments in favour of a codified constitution

A
  • More clarity on what is and isn’t constitutional
  • Reduces the instability of conventions
  • Local governments would see more protection
  • Rights of citizens given more constitutional protection
55
Q

Arguments against a codified constitution

A
  • Pragmatic adaptation has generally worked well and is preferable
  • No consensus on what should actually be included
  • It would likely give unelected judges greater power
56
Q

Potential constitutional changes that could encourage political participation

A
  • Reducing voting age to 16
  • Introducing candidate primaries (similar to US)
  • Wider use of e-democracy
  • New electoral system to replace FPTP

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