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Politics > UK Constitution > Flashcards

UK Constitution Flashcards

1
Q

What is the Constitution

A

Determines where power is located within a nation state and the rules by which it is governed.

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2
Q

unitary

A

When power is centralised and the central government posses absolute authority

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3
Q

federal

A

Power is shared and dispersed. The power of the central government is limited by the sovereign power

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4
Q

devolution

A

the transfer of powers from central government to regional legislature.

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5
Q

Codified Constitution

A

Contained in one single document that is entrenched and is superior to all other laws

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6
Q

uncodifed constitution

A

derives from a variety of sources that does not represent higher las

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7
Q

unetrenched constitution

A

the way the state is governed and the right of citizens can be changed simply by an act of parliament

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8
Q

Entrenched constitution

A

Codified constitution makes it impossible for the rules to be altered without complicated procedures requiring the agreement of more than just legislature

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9
Q

parliamentary sovereignty

A

parliament is the supreme legislative body. Free to enact any legislation for which it has a parliamentary majority since there is no authority greater than parliament who could veto it

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10
Q

the rule of law

A

The principles that the same laws apply equally to every citizen and that the government is subject to the same laws as everyone else

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11
Q

statue law

A

A parliamentary bill that has been approved by both houses of Parliament and then given royal assent. In the UK, there is no authority greater than the statue law.

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12
Q

Common Law

A

Refers to the judgements made by the judges in important legal cases. Sometimes refers to “judge-made law”

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13
Q

Convention

A

Represents the accustomed ways in which political activity is carried out. Conventions are not legally binding

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14
Q

authoritative works

A

Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom

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15
Q

2 Authoritative Works

A
  • Walter Bagehot - The English Constitution (1867) explaining the relationship between the monarchy and legislature.
  • Erskine May (1815-86) a clerk of the house commons published ‘parliamentary practice”
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16
Q

treaty

A

A written agreement made between two or more political entities.

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17
Q

Treaty of Accession to the European Economic Community

A

1972, Uk constitution was radically changed since parliament agreed to adopt legislation that had green enacted elsewhere

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18
Q

The ministerial code of conduct

A

Explains the role of government ministers including the circumstances in what they would be expected to resign

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19
Q

decentralisation (Blair’s Government)

A

Since so much power had been focussed on Westminster power should be devolved back to the people

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20
Q

democratisation (blair government)

A

Public should be given more influence over decisions making through the greater use of referendums on important constitutional issues.

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21
Q

Transparency (Blair Government)

A

To encourage greater trust in the government, the role of judiciary would be reformed.

22
Q

rights protection (blair government)

A

Since British Citizens human rights were not protected by a codified constitution. Government incorporated the European convention of humans rights in British Law

23
Q

Magna Carta Act 1215

A

King John was forced to accept 63 clauses of Magna Carta, barons placed limits on the monarchy. Established the principe that the crown was not above the law.

24
Q

The Bill of Rights Act 1689

A

Stuart King James II was overthrown in a glorious revolution because it was claimed he was trying to establish a absolutist monarchy. Bill was passed for regular Parliament, free elections, and no taxation without the finest of Parliament

25
Q

Act of Settlement 1701

A

Confirmed primacy of Parliament over the crown by declaring parliament had authority to declare succession to the throne.

26
Q

Act on Union 1707

A

Parliament of Scotland, Wales United with England. Scottish law was preserved

27
Q

Parliament Acts 1911 and 1949

A

House of Lords limited it’s power, they were no longer allowed a say on financial affairs. 1949 - allowed to delay bills for 1 year

28
Q

European communities Act 1972

A

Edward Heath joined the European Economic community. Meant that European law would take precedence over domestic law

29
Q

Devolution 1997

A

Scotland and Wales established their own governments and legislatures. Powers can only be abolished through referendums.

30
Q

Brexit 2016

A

Public voted in favour on leaving the EU.

31
Q

Human rights act 1998

A

European Convention of Human rights can act in British law. Public bodies are meant to act in accordance to the their law.

32
Q

House of Lords Act 1999

A

Removed all but 92 hereditary peers from the House of Lords. More are not life peers rather than members of aristocracy families

33
Q

Example of a Convention

A

The leader of the winning party becoming the PM
Black rod

34
Q

Why would government reform an act?

A

To develop the British constitution

35
Q

Reform in 2013

A

Same sex couples act - legalises same sex marriage

36
Q

1991 common law cases I

A

R vs R - a husband can be guilty of raping his wife

37
Q

Salisbury convention

A

House of Lords cannot oppose a piece of legislation 3 times. And cannot oppose a policy which was written in thr parties manifesto.

38
Q

Some changes in rules from the Scottish Parliament after a devolved government

A

Hitting your kids - illegal to hit your kids in Scotland
Education - Uni is free if your from Scotland and go to a Scottish uni

39
Q

What is the Scottish Parliament called.

A

Holly rood

40
Q

Northern Ireland parliament name

A

Sinn Fied

41
Q

What is the rule of law

A

All law applies equally to everyone

42
Q

What is the Westminster model?

A

A model of government in which a way our government runs.

43
Q

How can a UK constitution be held accountable?

A

Media, House of Lords, cabinet

44
Q

What is fused powers

A

Executive and legislative powers together

45
Q

Elective dictatorship, and who had one?

A

Tony Blair due to his high majority. When the majority is so high that the PM could pass many laws with little opposition

46
Q

Strengths about a uncodified and unentrenched constitution?

A

Interpretation, allows judges to interpret it in the victimise best interest. However there is a lack of elected judges

47
Q

Why would the people not want to change the UK constitution?

A

No public movement for change, by changing it there may be problems that didn’t previously exist.

48
Q

Why would people want a codified and entrenched constitution

A
  • Ease legal procedures, limits goverment powers and there is a better protection of rights
49
Q

Main rule changes in Scotland and England

A
  • Hitting Children
  • Free Uni education
  • Smoking ban
50
Q
A

Politics (8 decks)

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