UK Government - Key Terminology

Question 1

Authoritative works

Answer 1

Texts of such profound and enduring political significance that they contribute to the constitution of the UK

‘Parliamentary Practice’ (1844)
‘The English Constitution’ (1867)

Question 2

Common law

Answer 2

Refers to the judgements made by judges in important legal cases. Common law cases set precendents to be followed in future cases

Bushell’s Case (1670)
R v R (1991)

Question 3

Constitution

Answer 3

Determines where power is located within a nation state and the rules by which it is governed. It also establishes the extent of the government’s authority and the rights of the citizens

Question 4

Conventions

Answer 4

Represents the accustomed way in which political activity is carried out. Conventions are not legally binding. Their constitutional significance derives from tradition

Salisbury Convention
Ministerial Code of Conduct (1997)

Question 5

Devolution

Answer 5

The transfer of powers from central government to regional legislatures. These powers are said to be devolved, rather than given away, since the central government retains sovereignty and so. in theory, could reclaim them

Question 6

Parliamentary sovereignty

Answer 6

Parliament is the supreme legislative body. It is free to enacy any legislation for which it has a parliamentary majority since there is no authority greater than Parliament which could veto this. Since each parliament is sovereign, no parliament could enact legislation that could force its successor to act in a certain way

Question 7

Statute law

Answer 7

A parliamentary bill that has been approved by both houses of Parliament and then given royal assent. There is no authority greater than statute law in the UK

Human Rights Act of 1998

Parliament Act of 1911 and 1948

Question 8

The rule of law

Answer 8

The principle that the same laws apply equally to every citizen and that the government is subject to the same laws as everyone else

Question 9

Treaties

Answer 9

Formal, legally binding written agreements between two or more political entities on the international stage

The Maastricht Treaty (1993)

Treaty of Rome (1957)

Question 10

Uncodified

Answer 10

An uncodified constitution derives from a variety of sources and does not represent a higher law

Question 11

Unentrenched

Answer 11

The way in which the state is governed and the rights of the citizens can be changed simply by an Act of Parliament

Question 12

Unitary

Answer 12

In a unitary state, power is centralised and the central government possesses absolute authority

Question 13

Backbenchers

Answer 13

Members of the House of Commons and Lords who are not members of either the government or the opposition frontbench. They are not bound by collective ministerial responisiblity and so are more independent. although they are expected to obey the party whip

Question 14

Confidence and supply

Answer 14

A party or independent members of a parliament agree to support the government in motions of confidence and appropriation votes

Question 15

House of Commons

Answer 15

Parliament’s democratically elected chamber. MPs represent constituences across the country, scrutinise government and vote on legislation. As the democratic body representing the nation, the House of Commons can also dismiss a government if it loses a parliamentary vote of confidence

Question 16

House of Lords

Answer 16

The unelected chamber of Parliament. Composed of life peers, elected hereditary peers and Anglican bishops, it does not possess democratic legitimacy and so its main focus is on scrutinisng the work of the House of Commons

Question 17

Legislative bills

Answer 17

A bill is a proposed piece of legislation that can be introduced in either the House of Commons or the House of Lords. If it passes both houses, it receives royal assent and becomes an act of Parliament. A legislative bill can still become law despite not having the Lords’ approval

Question 18

Opposition

Answer 18

The second-largest party in the Commons constitutes His/Her Majesty’s Most Loyal Opposition. The opposition frontbench shadows the government frontbench and scrutinises its decisions. It uses its role in Parliament to persuade the elecorate that it is a potential government in-wating

Question 19

Parliament

Answer 19

The UK comprises the Commons and the Lords and possesses supreme legislative authority. It scrutinises the work of the diverse interests of the UK and provides membership of the government

Question 20

Parliamentary privilege

Answer 20

A principle that protects MPs and peers from being sued for libel or slander, so ensuring that they have freedom of speech within the Palace of Westminster. It also includes the right of Parliament to exclusive cognisance, which means it controls its own internal affairs without outside interference

Question 21

Public bill committees

Answer 21

Once a bill has passed its second reading in the Commons, its details are then considered by a Public Bill Committee, when possible; amendments are discussed before the bill returns to the Commons for the report stage and then its third reading

Question 22

Salisbury Convention

1945

Answer 22

Since the Lords cannot claim democratic legitimacy, the Salisbury Convention established the principle that the Lords will not seek to stop legislation that was contained in the governing party’s manifesto. The Lords can still propose amendments, but these should not be designed to wreck the bill

Question 23

Select committees

Answer 23

A parliamentary select committee is compound of a small number of MPs. The Commons select committees investigate the work of departments of state, but they can also focus on specific subjects, as the Lords select committees do. Some issues can be addressed by a joint committee of the Commons and Lords

Question 24

Cabinet

Answer 24

The committee of senior ministers responsible for controlling government policy composed of the heads of the executive departments of the government

Question 25

Collective responsibilty

Answer 25

All members of the government are expected to publicly support it. If a minister cannot do this, they should resign. They should also not disclose the contents of private ministerial discussions. If the administration is defeated on a vote of confidence, this convention also states that all members of the government must resign.

Question 26

Executive

Answer 26

The executive sits within the legislature and is responsible for the government of the country. The core executive include the: cabinet, senior civil servants and key political advisers based in the PM's Private Office

Question 27

Government department

Answer 27

An executive branch of government. Its role is to implement government policy and administer its areas of interest and control

Question 28

Individual responsibilty

Answer 28

The principle that members of the cabinet take ultimate responsibilty for what occurs within their department, including both administrative and policy failures. They are also individually repsonsible to the PM for their personal conduct

Question 29

Minister

Answer 29

A politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers

Question 30

Presidential government

Answer 30

The presidentialism of UK politics suggests that there is now a greater focus on the PM as a representative of the nation. It implies a close personal relationship between the leader and the public not normally associated with parliamentary democracy

Question 31

Royal prerogative

Answer 31

The executive power of the monarchy, such as command of the armed forces, patronage and the conduct of foreign policy. These powers have been transferred to the PM, who weilds them on behalf of the monarch without requiring the consent of the legislature

Question 32

Secondary legislation | (Delegated legislation)

Answer 32

The process by which primary legislation can be amended by government departments without requiring another Act of Parliament

Question 33

Elective dictatorship

Answer 33

Lord Hallsham stated that the ability of a British government to dominate Parliament meant it was essentially an elective dictatorship ## Footnote 1976

Question 34

European Union | (EU)

Answer 34

The European Economic Community (EEC) was established in 1957 with the Treaty of Rome. When the Maastricht Treaty of 1993 was ratified, the community was renamed to the European Union as a resullts of increased economic and political integration

Question 35

Four Freedoms | (EU)

Answer 35

The free movement of goods, services, capital and people through which European economic unity is to be achieved

Question 36

Judicial independence

Answer 36

A central principle of the rule of law is that judges must be independent of control or persuasion by the executive or legislative. Judges can only fairly administer justice if they are separate from the other branches of government and so free to act without government pressure

Question 37

Judicial neutrality

Answer 37

The rule of law requires the elimination of political bias. The judgements that judges reach most never be influenced by any personal prejudice. Instead, they must fairly interpret the law so that it is applied impartially to all

Question 38

Judicial review

Answer 38

Judicial review is a legal process that allows individuals to challenge the lawfulness of decisions made by public bodies. Judicial review is not concerned with the rights and wrongs of the conclusion reached, but with the right procedures and process

Question 39

Legal sovereignty

Answer 39

Represents the right of Parliament to enact legislation which has absolute authoirty and cannot be overturned by any other body

Question 40

Political sovereignty

Answer 40

Means absolute authority. Since the legislature's authority derives from the public, the public may be said to exercise political sovereignty

Question 41

Supreme Court

Answer 41

Established in 2009, the Supreme Court is the highest court of appeal in the land. Its twelve justices comprise the most senior judges in the country and its judgements can carry legal, constitutional and political significance

Question 42

*Ultra vires*

Answer 42

The principle that one has 'acted beyond one's authority'. If the courts rule that a public body has acted beyond its authority, then these actions can be quashed because they have not been legally carried out