Unit 1: Natures Of The Constitution Flashcards
Constitution
The supreme, authoritative set of rules and principles that outlines how a country should be governed but also sets rules for citizens, it establishes links between the different parts of the political system and the rights of citizens
Codified constitution
A constitution written up in one document
2 types of constitution
Uncodified constitution e.g. uk constitution which means its made up of different documents not one singular one
Codified constitution e.g. us constitution which is codified due to a revolution where everything is written up in one text and made in one go
Why does the UK not have a codified constitution?
The uk has been stable for too long, there have been no reasons to draw up constitutions in one go like they had to in france or germany due to revolution - it has been free of revolutions that swept Europe in the 19th century so our democracy has been formed incrementally over centuries rather than at once like in the US
Britains constitution has been built on common law, case law, acts of parliament (primary law) and European legislation - not set in one document
Is the UK constitution codified or un codified?
Uncodified
How has the UK constitution changed over time?
The idea of a group of people meeting regularly has developed e.g. parliament
The power of monarchs has been curbed and limited - e.g. due to habaes corpus and trial by jury
Democracy has developed and representation has increased - men and women can vote not just rich men
Power balance has shifted - sovereignty has shifted, the monarchy has little power today and the lords lost a lot of power too
What has remained the same in the UK constitution for a long time?
The idea of electing representatives to represent the people of England and meet regularly to discuss what is better for the common good and advise monarch - existed since Anglo Saxon times
Parliamentary power, scrutiny of the government and a society governed by laws has existed for a long time
Habeas corpus
Process in law that means a particular person can appeal to the courts against unfair imprisonment
Trial by jury
12 individuals would hear a case and decide if the accused was guilty
Chancellor of the exchequer
The government official who is responsible for calculating, collecting and distributing government funds through taxation
Acts of parliament
Laws that have been formally passed by parliament and given royal assent by the monarch
Declaration of rights
A monarch cannot act without the consent of parliament
Privy council
A group of senior political advisers who have the job of advising the monarch on the use of royal prerogative (power)
What are the 6 key historical political documents?
- Magna Carta
- Bill of rights
- Act of settlement
- Acts of union
- Parliament acts
- European communities act
What year was the Magna Carta signed?
1215
What year was the bill of rights introduced?
1689
What year was the act of settlement introduced?
1701
What year were the acts of unions introduced?
1707
1800
What year were the 2 parliament acts introduced?
1911
1949
When was the European communities act introduced?
1972
What is the modern system of British politics?
Constitutional monarchy
Parliamentary sovereignty
Parliamentary sovereignty
The parliament is the supreme, authoritative body in the UK
What has been the most significant document in the history of the UK constitution in moving the power from the monarch to the people?
In mu opinion, magna carta - it was the first step away from a tyrannical monarchy and stripped the monarchy from having divine, unquestioned rule over Britain - it gave more power to the people in claiming their freedoms
What are the key parts of the history of the constitution that the Anglo Saxons introduced? What years?
Witan
Trial by jury
Habeas corpus
924-1066
Describe all 3 of the key aspects of the constitution that the Anglo Saxons had
- Witan was developed - the council of the Anglo Saxon kings - advised the king on taxation and military matters - established the idea that the lords should be consulted before decisions were made
- Trial by jury - legal principle that any noble accused of crime should be tried by a jury of peers, king determined the sentence
- Habeas corpus says that a prisoner has a right to appeal to courts against unfair detention - protecting the weakest in society against those who abuse their power
Did the Anglo Saxons system of government give more power to the monarchy or to the people?
The monarchy
What are the key parts of the history of the constitution that the Norman’s introduced? What year?
Chancellor of the exchequer
Judges
1066
Describe all 2 of the key aspects of the constitution that the Normans had
- Chancellor of exchequer = the government official responsible for calculating, collecting and distributing government funds through taxation and duties
- Judges were appointed when the king was away so that they could dispense justice, they travelled the countries and would hear cases on behalf of the king
Did the Norman system of government give more power to the monarchy or to the people?
Monarchy
Key aspects of the Magna Carta
Introduced by King john - he was a ruthless king and raised money for wars in France, conflict with church and abuse of justice system for his benefit
1214, the barons revolted against the king - leading to the defeat of the monarchy and John was forced to sign a great charter called magna carter at Runnymede
The Magna Carta guaranteed the freedom of the people from royal interference - monarch: couldn’t raise taxes without consent of people, justice must be free and fair and not arbitrary, everyone should have the right to a swift and fair trial, nobles could select a committee of 25 to scrutinise actions of the king - 63 provisions
Did the Magna Carta impact who had more power? The monarchy or the people?
Yes, the people began to have more power
When was the house of commons created?
1275
Key aspects of the creation of the House of Commons
1275 - king Edward required money to fight against Scotland, knew lords would object so he sent out writs demanding that each shire & town elect two representatives from the knights to join lords in voting to authorise the kings demand for taxation - creation of house of commons
Lords and commoners met to Parler with the monarch at Westminster hall in the Palace of Westminster - parliament - parliament represented only the wealthiest 2% of Britain which was a negative
When was Edward II replaced?
1327
Key aspects of the removal of Edward II as king
1327 - following a civil war, king Edward II was removed by parliament due to his personal faults and weak leadership leading to disaster in England
He was replaced by Edward III, his son
Showing that the government, specifically monarch, answered to parliament
Did the creation of the House of Commons impact who had more power? The monarchy or the people?
The people began to have even more power
Did Edward II’s removal as king impact who had more power? The monarchy or the people?
The people had more power
When were Henry VIII’s acts of supremacy?
1534
1559
Key aspects of Henry VIII’s acts of supremacy
To justify Henry’s break from the church and to change religious practice in wales and England, he used Acts of parliament saying the changes had been approved by the people - he forced the members of parliament to pass the Acts - showed that they didn’t entirely have complete control yet - weren’t fully sovereign
Established the idea of parliamentary sovereignty - the parliament have power to approve the actions of the king
Parliament = sovereign BECAUSE THERE IS NO CODIFIED CONSTITUTION IN THE UK
Did Henry VIII’s acts of supremacy impact who had more power? The monarchy or the people?
The power was still in the hands of the people but evened out a little
When was the English civil war
1642-1649