UK Constitution Flashcards
Constitution?
A set of principles, written or unwritten, establishing the distribution of power within a political system, relationship between political institutions, the limits of Govt. jurisdiction, the rights of citizens and method of amending the constitution itself.
Codified Constitution?
Process of setting out constitution in one single document. EG. US constitution
When does codification occur?
Critical moment/crises
Codification Pros? (4)
1) Provides clarity
2) Accessible
3) Provides the basis of legal disputes
4) Creates a national identity
What does codification result in?
Two tier legal system
What is a Two tier legal system
Divides law into higher (constitutional law) and lower law (law that can be amended without special procedure)
Uncodified Constitution?
When parts of the constitution are written down, but in no single document. There are some important parts that are no written down.
Sources of a constitution?(6)
1) Statute law
2) Conventions
3) Historical principles and authorative works
3) Common Law
4) Tradition
5) Europe
Uncodified constitution pros? (2)
1) Allows for greater flexibility when it comes to dealing with crises
2) Prevents politicising unaccountable institutions
Entrenchment?
Device used to protect a constitution from short-term amendment. Constitution too important to place in the hands of a temp government
Two measures constitutional change must meet
1) Proposed change must have widespread popular support
2) Amendments must serve the long term interests of the state
How can the two measures be satisfied?
1) Referendums
Functioms of a constitution? (6)
1) Determine the distribution of political power
2) Established political processes
3) Competence of Govt.
4) Asserts the right of it’s citizens
5) Defines criteria for nationality
6) Sets out rule for amendments
Two ways the UK Constitution can be amended?
1) Simple Parliamentary Statute
2) Slow evolution through conventions
Constitutional monarch?
1) Est. 1688, declared supremacy of Parliament. Monarch constrained by fixed constitutional principles. Law making passed to parliament. Constitutional monarch provides royal assent.
Royal Prerogative
Powers dont require the sanction of parliament, but are arbitrary. Powers passed from monarch to PM
Royal Prerogative powers involve…(4)
1) Call on election
2) Negotiate foreign treaties
3) Command forces in Combat
4) Create peerages
Unitary?
Sovereignty resides in one location. Power can be distributed to regions or local government. Central power can overrule.
Federalism
Sovereignty divided between central bodies and regional. Occurs when sovereign states come together.
Why is the UK quasi federal…
Devolved powers entrenched. Returning power to the centre considered controversial
Legal sovereignty
Ultimate power to make laws that will be enforced within state. UK parliament is sovereign.
Political sovereignty
Where political power lies in reality. Real power lies with bodies that determine what political decisions are made
For Codification…(5)
1) HR requires stronger safeguard
2) Stronger checks on Govt.
3) Provided clarity
4) Modernisation
5) Safeguarding long term interests
Against codification…(5)
1) Accountability would be reduced
2) Executive flexibility
3) Judicial branch would be politicised
4) Conservative pragmatism
5) Lack of consensual agreement
Labour Constitutional reform…(4)
1) Decentralisation - Devolution Act 1998, Mayors/Local Govt.
2) Rights - Human Rights 1998, Freedom of Information
3) Modernisation - House of Lords 1999, Judiciary, Electoral reform
Coalition Constitutional reform…(6)
1) Fixed Term Parliament
2) Recall of MPs
3) Introduction of Backbench business committee
4) Equalisation of the size of constituencies
5) Reduction in the size of Commons by 10%
6) Referendum for transferral of sovereignty to EU
