Unit 1: The UK Constitution Flashcards
Codified
A set of specific rules collected in one document
Uncodified
A constitution where the laws and rules are not in a single document, but are found in a variety of sources
Statute law
Law created by Acts passed by Parliament
Common Law
Laws passed down over the years by legal judgements in courts
Conventions
Unwritten traditions and procedural agreements that allow the state to function smoothly
(e.g Salisbury Convention for the Lords - they don’t delay policies in the ruling party’s manifesto)
define Authoritative Opinions
The writings and books of experts that clarify and explain the constitution.
The royal prerogative
The historical powers of the monarch now transferred to the Prime Minister e.g negotiating foreign treaties.
Rule of Law
Everyone is equally subject to the law of the land (even government and ministers)
Parliamentary sovereignty
Parliament is the supreme authority in the UK that cannot have its laws struck down by a higher power (this is the basis of the UK’s constitution)
Individual rights
Rights that apply to individual citizens (e.g being allowed to vote at 18, right to fair trial - human rights act)
Collective rights
Rights that protect a whole group of individuals e.g workers in a specific job, religion (includes right to security, right for religious people to express beliefs)
Freedom of Information Act: year, what it is
a) 2000
b) requires public bodies to make information public, and allows people to access information held about them.
Strengths of the Freedom of Information Act (4)
Public and pressure groups can access truth - may identify corruption, Journalism, Popular and widespread - shows need, Prevents corruption as government knows information is public
Weaknesses of the Freedom Of Information Act (3)
Requests can be refused, long waits/blockages, can be circumvented by ‘informal’ meetings.
Fixed Term Parliaments Act: Date, what it is
2011
Weakens power of prime minister to call a snap election (2 thirds majority needed, or a vote of no confidence)
Strengths of the Fixed term Parliaments act
Created political stability for the coalition government, Is more fair - there is a clear advantage from being able to choose when an election is held.
Weaknesses of the Fixed Term Parliaments Act
Theresa May called a snap election - shows the Act can be easily circumvented, Only called because of political circumstances rather than high principles (coalition gov at the time)
Nature of the UK’s constitution (4)
Uncodified
Unitary (power w/ central gov)
Rule of Law (everyone subject to law)
Parliamentary sovereignty
Magna Carta: Date, what it did
1215, right to fair trial & everyone equal under the law.
Bill of Rights: Date, What it did
1689, parliamentary sovereignty & free elections.
Act of Settlement: date, what it did
1701, established that monarchy exists on parliament’s terms.
Parliament Acts: dates, what they did
1911 and 1949, reduced power of House of Lords
European Communities Act: Date, What it did
1972, brought UK into the EU, weakening parliamentary sovereignty
Name 3 reasons the UK should adopt a codified constitution
Key laws entrenched - protects rights
Would be a clear reference for courts and make it clear what is constitutional (judicial review is currently limited)
Current constitution is outdated e.g House of Lords reflects a pre-democratic era
Name 3 reasons the UK should nota adopt a codified constitution
System has worked well for hundreds of years
Flexible constitution means laws can easily be changed if they are wrong
Hard to devise a constitution which pleases everyone + no demand for change
