UK Constitution Flashcards
What is a constitution ?
A body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
What is an Uncodified constitution ?
A system of government that does not have a single written document that outlines the fundamental principles and laws of the land
What is a codified constitution ?
A system of government where the fundamental principles and rules of the state are set out in a single written document or code.
What was the significance of the Magna Carta (1215) ?
It was the first document to put into writing the principle that the king and his government was not above the law.
What was the significance of the Bill of Rights (1688) ?
It firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament.
What was the significance of the Act Of Settlement (1701)
Was created to secure the protestant succession to the throne and to strengthen the guarantees for ensuring a parliamentary system of government.
What was the significance of the Act Of Union (1707)
The Acts of Union, passed by the English and Scottish Parliaments in 1707, led to the creation of a united kingdom to be called “Great Britain” on 1st May of that year.
What was the significance of the Parliament Act (1911)
The Parliament Act 1911, which removed from the House of Lords the power to veto a Bill, except one to extend the lifetime of a Parliament. Instead, the Lords could delay a Bill by up to two years. The Act also reduced the maximum lifespan of a Parliament from seven years to five years.
What does it mean by an “unentrenched” constitution?
Laws are easily adaptable and can be rewritten.
What does Parliamentary sovereignty mean?
Parliament is the supreme legal authority in the UK which can create or end any law.
What does Unitary mean in terms of the UK constitution?
Power is concentrated in the form of a central government which has ultimate power and authority over its jurisdiction.
What is the Westminster model?
A type of parliamentary government that incorporates a series of procedures for operating a legislature
What is the role of the head of state/sovereign?
The main functions as head of state are to appoint the Prime Minister, and all the other ministers; to open new sessions of parliament; and to give royal assent to bills passed by parliament, signifying that they have become law.
What is the role of the PM?
The PM is head of government and is responsible for policy and decisions of the government.
What is the role of the executive branch?
The executive branch is the part of government with authority and responsibility for the daily administration of the state. It executes, or enforces, the law
Role of the Parliamentary opposition?
Refers to the largest political party in the house of commons that isn’t in government. The role of the Official Opposition is to question and scrutinise the work of the Government.
What is constitutional reform?
The process of making changes to a country’s constitution, which can involve amendments, additions, or restructuring of the fundamental laws that govern the political system.
How is the Human Rights Act considered to have reformed the UK constitution?
The Human Rights Act gave UK judges new authority to review whether public institutions were complying with the rights in the ECHR.
How is electoral reform been deemed a
failed constitutional reform?
The turnout to the 2001 general election was 59%, the lowest since universal suffrage was introduced. Party memberships are still in decline.
How has referenda been deemed to be a successful constitutional reform?
Increased use of referenda has increased public say in constitutional issues.
What is devolution?
Devolution is the decentralisation of governmental power.
When did Scotland gain legislative devolution?
1998 Scotland Act which created the Scottish Parliament in 1999.
Give 4 examples of primary legislative powers that the Scottish Parliament has:
Income tax rates + bands; health service; transport; university education
When did NI gain legislative devolution?
Under the 1998 Belfast Agreement or Good Friday Agreement, the UK Parliament transferred legislative and executive powers to the Northern Ireland Assembly and Executive Committee.
How is lack of clarity a constitutional challenge?
The absence of a single written document can lead to confusion and differing interpretations of laws and legislations.
How is concentration of power considered a constitutional challenge?
The principle of parliamentary sovereignty, combined with a lack of separation of powers, can potentially lead to an excessive concentration of power.
How is the house of lords considered an outdated aspect of the UK constitution?
The House of Lords can be considered an outdated institution because it is entirely un-elected and is contradictory to UK democracy.
How can our uncodified constitution lead to abuse of powers by the authority?
Due to the lack of clarity of the UK’s uncodified constitution laws are unclear and can be easily abused and manipulated by those of a higher power.
