UK Constitution Flashcards
What is the Constitution
Determines where power is located within a nation state and the rules by which it is governed.
unitary
When power is centralised and the central government posses absolute authority
federal
Power is shared and dispersed. The power of the central government is limited by the sovereign power
devolution
the transfer of powers from central government to regional legislature.
Codified Constitution
Contained in one single document that is entrenched and is superior to all other laws
uncodifed constitution
derives from a variety of sources that does not represent higher las
unetrenched constitution
the way the state is governed and the right of citizens can be changed simply by an act of parliament
Entrenched constitution
Codified constitution makes it impossible for the rules to be altered without complicated procedures requiring the agreement of more than just legislature
parliamentary sovereignty
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
the rule of law
The principles that the same laws apply equally to every citizen and that the government is subject to the same laws as everyone else
statue law
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.
Common Law
Refers to the judgements made by the judges in important legal cases. Sometimes refers to “judge-made law”
Convention
Represents the accustomed ways in which political activity is carried out. Conventions are not legally binding
authoritative works
Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom
2 Authoritative Works
- 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”
treaty
A written agreement made between two or more political entities.
Treaty of Accession to the European Economic Community
1972, Uk constitution was radically changed since parliament agreed to adopt legislation that had green enacted elsewhere
The ministerial code of conduct
Explains the role of government ministers including the circumstances in what they would be expected to resign
decentralisation (Blair’s Government)
Since so much power had been focussed on Westminster power should be devolved back to the people
democratisation (blair government)
Public should be given more influence over decisions making through the greater use of referendums on important constitutional issues.
Transparency (Blair Government)
To encourage greater trust in the government, the role of judiciary would be reformed.
rights protection (blair government)
Since British Citizens human rights were not protected by a codified constitution. Government incorporated the European convention of humans rights in British Law
Magna Carta Act 1215
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.
The Bill of Rights Act 1689
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
Act of Settlement 1701
Confirmed primacy of Parliament over the crown by declaring parliament had authority to declare succession to the throne.
Act on Union 1707
Parliament of Scotland, Wales United with England. Scottish law was preserved
Parliament Acts 1911 and 1949
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
European communities Act 1972
Edward Heath joined the European Economic community. Meant that European law would take precedence over domestic law
Devolution 1997
Scotland and Wales established their own governments and legislatures. Powers can only be abolished through referendums.
Brexit 2016
Public voted in favour on leaving the EU.
Human rights act 1998
European Convention of Human rights can act in British law. Public bodies are meant to act in accordance to the their law.
House of Lords Act 1999
Removed all but 92 hereditary peers from the House of Lords. More are not life peers rather than members of aristocracy families
Example of a Convention
The leader of the winning party becoming the PM
Black rod
Why would government reform an act?
To develop the British constitution
Reform in 2013
Same sex couples act - legalises same sex marriage
1991 common law cases I
R vs R - a husband can be guilty of raping his wife
Salisbury convention
House of Lords cannot oppose a piece of legislation 3 times. And cannot oppose a policy which was written in thr parties manifesto.
Some changes in rules from the Scottish Parliament after a devolved government
Hitting your kids - illegal to hit your kids in Scotland
Education - Uni is free if your from Scotland and go to a Scottish uni
What is the Scottish Parliament called.
Holly rood
Northern Ireland parliament name
Sinn Fied
What is the rule of law
All law applies equally to everyone
What is the Westminster model?
A model of government in which a way our government runs.
How can a UK constitution be held accountable?
Media, House of Lords, cabinet
What is fused powers
Executive and legislative powers together
Elective dictatorship, and who had one?
Tony Blair due to his high majority. When the majority is so high that the PM could pass many laws with little opposition
Strengths about a uncodified and unentrenched constitution?
Interpretation, allows judges to interpret it in the victimise best interest. However there is a lack of elected judges
Why would the people not want to change the UK constitution?
No public movement for change, by changing it there may be problems that didn’t previously exist.
Why would people want a codified and entrenched constitution
- Ease legal procedures, limits goverment powers and there is a better protection of rights
Main rule changes in Scotland and England
- Hitting Children
- Free Uni education
- Smoking ban
