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A-Level Politics - Constitution of the UK > UK Government and Constitution > Flashcards

UK Government and Constitution Flashcards

1
Q

What is a government?

A

A set of institutions through which the general rules of society are made and enforced through legislation.

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2
Q

What institutions are there in the UK?

A

Educational, governmental, economic, religious, social, police.

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3
Q

What are the three branches of the UK government?

A

Executive

Legislative

Judiciary

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4
Q

What is the executive branch of UK government?

A

Government that carries out law - the Prime Minister, Cabinet.

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5
Q

What is the legislative branch of UK government?

A

Government that makes laws and passes them - The House of Commons and House of Lords.

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6
Q

What is the judiciary branch of the UK government?

A

Government that adjudicates law (upholds it) - the courts.

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7
Q

What does the Crown do in the UK government?

A

Represents the UK internationally and upholds tradition by unifying branches under the Crown.

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8
Q

How does the crown interact with legislature?

A

All laws passed in Parliament are approved by the Crown in Norman French.

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9
Q

How does the crown interact with the executive?

A

The Crown opens and closes Parliament but is de facto subservient to the wishes of the Prime Minister.

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10
Q

What does ‘the government’ refer to?

A

The current government, the largest party in the Commons. Currently led by Sir Keir Starmer and the Cabinet.

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11
Q

How do the executive, legislative and crown interact with the judiciary?

A

They are all held accountable under law, established in Magna Carta in 1215.

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12
Q

What are the functions of a constitution?

A

Distributes power within a political system.

Determines the balance of power.

Establishes the political processes of the system.

States the limit of government power.

Defines citizens’ rights.

Defines the nature of citizenship.

Establishes how the constitution can be amended.

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13
Q

How is power distributed in the UK?

A

Power is generally in one place (unitary), from Westminster but devolution in recent years has allowed for more autonomy.

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14
Q

How is power balanced in the UK?

A

The PM, Cabinet, Courts, Parliament, Monarchy and people are limited and regulated and share power.

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15
Q

What political system does the UK use for election?

A

First Past the Post. Country is divided into constituencies in which the candidate with most votes wins. The party with the most seats wins a majority or forms a minority government.

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16
Q

In what ways can people gain citizenship in the UK?

A

Having parents from that country or being born and raised here.

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17
Q

How is the UK constitution amended?

A

You can pass new legislation to override previous laws as the constitution is uncodified.

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18
Q

What are the different stages of the UK constitution?

A

Magna Carta 1215

1689 Bill of Rights

1701 Act of Settlement

1707 Act of Union

1911 & 49 Parliament Acts

1918 Representation of the People Act

1972 European Communities Act

1998 Human Rights Act

2017 Notification of Withdrawal Act

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19
Q

What was established in Magna Carta (1215)?

A

King John, under pressure by Barons, has the Crown’s power limited and establishes that all men are accountable to the law of the land and all men have the right to trial (Habeas Corpus).

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20
Q

What was established in the Bill of Rights (1689)?

A

Resettled the replacement of King James II by a joint monarchy of William III and Mary II. Parliament was now sovereign and had the final say on legislation.

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21
Q

What was established in the Act of Settlement (1701)?

A

Established legal rules governing succession to the throne. It made it a requirement for the monarch to be a member of the Church of England and their position as Head of State in the whole UK.

22
Q

What was established in the 1707 Act of Union?

A

Abolished separate parliaments for Scotland and England under a British monarch. Combined with the 1801 Act of Union, the UK was unified.

23
Q

What was established in the 1911 and 49 Parliament Acts?

A

Settled relationship between the Commons and Lords, making the Commons more powerful.

24
Q

What was established in the 1911 Parliament Act?

A

The House of Lords lose powers to regulate finance and can only delay legislation by 2 years.

25
Q

What was established in the 1949 Parliament Act?

A

House of Lords could now only delay legislation by 1 year, making the Commons far more powerful.

26
Q

What was established in the 2017 Notification of Withdrawal Act?

A

Gave Parliamentary consent to leave the EU.

27
Q

What was established in the 1972 European Communities Act?

A

Brought UK into the European Community, later the EU. They officially joined in 1973. This no longer applies after Brexit.

28
Q

What is the definition of a constitution?

A

A set of rules determining where sovereignty lies in a political system and establishing the relationship between the government and the people.

29
Q

Which words describe the nature of the UK constitution?

A

Uncodified

Unentrenched

Unitary

Parliamentary sovereignty

The Rule of Law

30
Q

What does it mean when we say that the UK constitution is uncodified?

A

It is not contained in a single document and is not written down, only 80% are statutes/acts as conventions are established that aren’t written but make up the constitution.

31
Q

Are most countries’ constitutions codified? Which are not?

A

Most countries have codified constitutions.

Only the UK, New Zealand and Israel have uncodified constitutions.

32
Q

What does it mean when we say that the UK constitution is unentrenched?

A

There is no specific procedure for amendment like in the US constitution.

33
Q

What are the pros and cons of an unentrenched constitution?

A

+ Updated more easily and can evolve

+ More flexible

  • Not as good at protecting rights
  • Not as effective at protecting freedom of speech.
34
Q

What does it mean when we say that the UK constitution is unitary?

A

Power is mostly located in one place (the Houses of Parliament). Power is centralised and the central government possesses absolute authority.

35
Q

What is the principle of parliamentary sovereignty?

A

Parliament can, theoretically, do whatever it wants, in some countries it is limited.

Sovereignty cannot be taken away by other groups.

Power is constantly changing and sovereingty is protected by the constitution.

Parliament cannot bind its successors from changing policy.

Parliament can amend the constitution.

36
Q

What is the principle of rule of law?

A

That all people and bodies including the Crown and government must follow the law of the land as determined by the Supreme Court and can be held to account if they do not.

37
Q

What is legal sovereignty?

A

Ultimate power and the source of all political power, as enforced by the legal system and the state.

38
Q

What is the difference between power and legal sovereignty?

A

Power is more flexible and can be added to or reduced by sovereign bodies. Distribution of power constantly fluctuates, sovereignty is enshrined within the constitution.

39
Q

What types of sovereignty are there?

A

Legal

Political

Popular

40
Q

What is legal sovereignty?

A

Ultimate and supreme legal authority - in the UK this is Parliament. They can amend the constitution and change the law.

41
Q

What is political sovereignty?

A

The ability to exercise legal power, dealing with the reality rather than pure principle.

E.g. Parliament could suspend the HRA but this would be met with widespread opposition so they do not.

42
Q

What is popular sovereignty?

A

The idea that the will of the people must be adhered to and acted upon to ensure peace and democracy are upheld.

E.g. Most MPs wanted to remain in the EU but the majority of people wanted to leave so they followed this decision as made in the 2016 referendum.

43
Q

What is pooled sovereignty?

A

Parliament may choose to share legal authority with other bodies like the EU, UN or NATO.

E.g. when the UK was in the EU, Parliament shared power over certain issues with the EU.

44
Q

What sources of the UK constitution are there?

A

Statute Law

Conventions

Works of constitutional authority

Common Law

Treaties

45
Q

What are statute laws?

A

Laws passed by parliament that establish constitutional principles.

46
Q

What examples of statute laws are there?

A

Human Rights Act - making the ECHR legally binding in the UK.

Parliament Act 1949 - Limiting the power of the House of Lords.

Scotland and Wales Acts 1998 - devolution to the constituent countries of the UK.

47
Q

What are parliamentary conventions?

A

An unwritten understanding about how something in Parliament should be done, which is almost universally observed though not necessarily legally binding.

48
Q

What is the Salisbury Convention?

A

A convention that the House of Lords should not oppose the second or third reading of any government legislation outlined in a party’s election manifesto.

49
Q

What is the convention of appointment of a prime minister?

A

A peer in the House of Lords cannot become Prime Minister and first must relinquish their title.

Context:

This arose when Lord Home (Alec Douglas-Home) stood as the main candidate for Conservative leadership after Harold Macmillan’s resignation in October 1963. He had to give up his peerage in the House of Lords and run for election into the Commons to become Prime Minister as no precedent had been established for this situation beforehand.

50
Q
A

A-Level Politics - Constitution of the UK (2 decks)

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