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
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
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
Key aspects of the Magna Carta
Introduced by King john - ruthless king, raised money for wars in France and abuse of justice system for his benefit
1214, the barons revolted against the king - monarchy defeated - John forced to sign
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