UK Constitution including devolution Flashcards
Define a constitution.
A set of rules determining where sovereignty lies in a political system and establishing the relationship between the government and the governed
What name is given to law that comes from rulings by judges, in the absence of clear and relevant statutes?
Common law
Define devolution.
The dispersal of power, but not sovereignty, within a political system
True or false: A codified constitution is not written down.
False: It is not contained in a single written document
What is a convention?
A tradition not contained in law but which is influential in the operation of a political system
An unentrenched constitution is one without what?
A special procedure for amendment
Parliamentary sovereignty is the principle that parliament can do what to any law?
Make, amend or unmake it
What phrase means that according to parliamentary sovereignty, future parliaments can reverse decisions by earlier ones?
Parliaments cannot bind their successors (or be bound by their predecessors)
What is the opposite of a unitary political system?
Federal
What name is given to the principle that all people and bodies, including government, must follow the law and can be held to account if they do not?
The rule of law
Define a treaty.
A formal agreement between countries, usually requiring ratification by their respective parliaments
What name is given to a significant guide written by an expert on how a political system is run, whch is not legally-binding?
Authoritative work
How is a flexible constitution changed?
Vote in parliament
What is the main advantage of a rigid constitution?
Changes cannot take place without due consideration and debate
A constitution establishes the BLANK and BLANK that govern an organisation.
rules and principles
Where is statute law laid out?
In an Act of Parliament
Common law can be used to decide future cases because it sets a legal BLANK
Precedent
What name is given to an unwritten constitutional rule that has usually developed over a long period of time?
Constitutional convention
Usually known by the name of the original author, what is the name of the authoritative work sometimes called the “Bible of parliamentary procedure”?
Erskine May (Parliamentary Practice)
What name is given to powers traditionally exercised by monarchs but now often passed to the executive?
Royal prerogative
Arguably the best example of the royal prerogative in action is the (theoretical) power of the prime minister to do what without consulting parliament?
Declare war
Although constitutional reform has separated the judiciary, which is there still a fusion of powers between the exectutive and the legislature in the UK?
The executive is drawn from the legislature (ministers are appointed the membership of the House of Commons and the House of Lords)
Does devolution mean the UK constitutional is now unitary or federal?
Unitary - the UK parliament retains legislative supremacy
Although in theory the UK constiution is flexible, what might the government do before proceeding with a major constitutional change?
Hold a referendum
Which 13th century document that limited the royal preorgative was designed to help make peace between King John and rebel barons?
Magna Carta
Which document, written in 1689 and insprining a better-known later US version sets out basic civil rights?
Bill of Rights
The 1701 Act of Settlement decided definitively which issue of royal succession that had been a source of major upheaval over the previous 150+ years?
The (then English/Irish) throne could only pass to a protestant heir
The 1911 Parliament Act removed the power of the House of Lords to do what indefinitely?
Block/veto legislation
Since the 1949 Parliament Act, for how long can the House of Lords delay legislation that has passed through the House of Commons?
One year
The European Communities Act of 1972 established what about European law relative to UK law?
European law was supreme
Give an example of statute law passed since 1997 with constitutional significance.
e.g. Scotland Act (1998), Human Rights Act (1998), House of Lords Act (1999), Constitutional Reform Act (2005), European Union Withdrawal Act (2018)
Why is statute law the most significant source of the UK constitution?
Because of parliamentary sovereignty - statute takes precedence
Why is common law important to the UK constitution?
Allows the constitution to be updated where societal attitudes change or parliament has not legislated
Give one piece of evidence that the uncodified nature of the UK constitution allows it to be flexible.
The EU Withdrawal Act was passed in 2018 by simple parliamentary majority
The Parliament Acts meant that in 2004, the democratically-elected government were able to ban what, despite opposition from the House of Lords?
(Fox) hunting (with dogs) in the 2004 Hunting Act
What is the Salisbury Convention?
The House of Lords will not oppose the second or third readings of bills promised in an elected government’s election manifesto
What was the main way that the Scotland Act of 2016 devolved power to Scotland?
It gave the Scottish government the power to vary tax (e.g. income tax)
Shown in the Brexit process, what is the main criticism of unetrenched, flexible constitutions?
It is unclear or causes confusion
An example of the centralisation of power in the UK constitution was in 2023, when the Westminster government used the Scotland Act to prevent what Scottish legislation?
Gender Recognition Bill
How does the UK constitution enable the government to be stronger and more effective?
FPTP elections usually return governments with parliamentary majorities, meaning that they can pass legislation and statute law is sovereign