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AS Politics > Unit 2 > Flashcards

Unit 2 Flashcards

1
Q

What are the strengths of the UK’s constitution?

A

Flexible, organic, strong decisive government, stood test of time and key constitutional principles

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2
Q

What is the purpose of the constitution?

A

Distribute power with system establish nature of relationships between political institutions, establish limits to government, define rights of citizens, establish criteria for citizenship define relationships with external bodies and establish how constitutions can be amended

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3
Q

Define uncodified

A

No single document

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4
Q

Define flexible

A

Altered via law making process

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5
Q

Define rigid

A

Specific arrangements that make amendment differents

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6
Q

Define unitary

A

All power concentrated in hands of central government

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7
Q

Define federal

A

Division of power between central and regional government

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8
Q

Define monarchial

A

Ruled by hereditary monarch

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9
Q

Define republic

A

No hereditary monarch

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10
Q

Define presidential

A

Two branches of government functioning independently

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11
Q

Define parliamentary

A

Executive was chosen and accountable to legislature

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12
Q

Define sovereignty of parliament

A

Parliament supreme power

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13
Q

Define sovereignty of people

A

Power to people

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14
Q

Define constitutionalism

A

Government operates within rule, strong judicial devices breaking

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15
Q

Define codification

A

Written single document, clear rules and principles

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16
Q

Define entrenchment

A

Arrangements for changing constitution make it difficult with consensus

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17
Q

Define supremacy

A

Supreme authority

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18
Q

Define anti-constitutionalism

A

Actions undermines authority of constitution

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19
Q

Define mixed constitution

A

Blend of traditional rules and democracy

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20
Q

Define organic constitution

A

Constitution developing over time

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21
Q

Define liberal constitution

A

Guarantees rights of individuals and limits power of government

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22
Q

What are the sources of the UK’s constitution?

A

Magna Carta, statutes, conventions, constitutional principles, works of authority, common law and EU treaties

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23
Q

Examples of constitutional reforms

A

Elected House of Lords, HR Act and Freedom of Information Act

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24
Q

Reasons for constitutional reforms

A

Specific changes can be defended by merits, case for last reform was just repairing, referendums show people want change and mark contrast to previous change that happened over time

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25
Q

Reasons against constitutional reforms

A

Centre-left believe government don’t need more people, reforms are piecemeal, wish to control may manipulate outcome and right deem to be unnecessary, problematic and detrimental

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26
Q

What are the weaknesses of the constitution?

A

Not entrenched, concentrates power, rights inadequately protects, doesn’t create fair elections, contains undemocratic elements, outdated and unitary

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27
Q

Define liberal interpretation

A

Taking aw for word for word, unlikely to look what parliament is doing

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28
Q

Define judical president

A

Higher court decisons bing all courts below

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29
Q

Define ‘stare decisisis’

A

Stand by decision made

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30
Q

Define ‘ratio decidendi’

A

Reason for decison

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31
Q

Define ‘obiter dicta’

A

Extre things a judges says

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32
Q

Define binding president

A

Have to follow

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33
Q

Define pusave president

A

Dont have to follow

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34
Q

Define ultra veres

A

Beyond powers

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35
Q

Define judge-made law

A

Judges interpret law in particualar way

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36
Q

Define case law

A

judges applies law to particualr case and it becomes law

37
Q

Define rule of law

A

All individuals are accountable to and beneficaries of basic laws in courts

38
Q

What are the 8 principles?

A

Law should be clear and accessiable, governemtn by law not whim, equality before law, exercise of public power excuted fairly, dispute revolution, state provide fair trail, state shoudl comply with international law same as national and human rights

39
Q

Define judical neutarlity

A

Judges expected to be impartial and interpret law not make it

40
Q

What were the Kilmar guildlines?

A

Lord Chancellor restricted freedom of judges to use activism

41
Q

How is neutarlity ensured?

A

Rule of law, no policital ativity, socially representative, lack of bias and national intrest in every decision

42
Q

Define judcial review

A

Process enables judges to override decisons/laws made by democratically elected government

43
Q

Which party had issues with anti-terrorism legislation?

A

Labour legistlation got shot down

44
Q

Descibe Prague airport case

A

Judges ruled government acting on racial ground by not allowing Romans to travel UK thorugh fears they might claim asylum

45
Q

What did Humn Rights Act reform?

A

Passage of judges, list of freedoms set up and lose cases based on judgements

46
Q

What reforms have happend since 2005?

A

Judical appointment committee, vacanicies in Supreme courts, law lords removed from House of Lords and removal of Lord Chanclellor as head of judciary

47
Q

Define judical activism

A

Willing to see right even if it disagree and admisnter law in a passive way

48
Q

Why did the President of Supreme Court attack Thersa May?

A

For critising judges on not removing foreign criminals

49
Q

Define judical independance

A

Speration of judicary from other branches

50
Q

How is indpenedance secured?

A

Appointment made by non-politcial appointment commision, judges have security of tenur, salries are fixed, neutrality reinfored by forbidding political activity, Supreme court sperate from legislature since 2009 and as of 2005 Lord Chancellor removed from head of judicary

51
Q

Who now selects judges?

A

Judical appointment committee

52
Q

What is the Act of Settlement (1701)

A

Makes hard to remove judges

53
Q

What are majority of supreme court?

A

White males

54
Q

How do judges emerge?

A

After practising law on the bar

55
Q

What was the Factorame case of 1991?

A

House of Lords ruled UK fishing merchant act conflicted with EU fisheries

56
Q

Why was the Factorame case important?

A

Showed EU convention on HR was entrenched

57
Q

What was the Mental Health Act case of 2002?

A

Person need to prove health to be realised but Lords said this contradicted HR

58
Q

Why was the Mental Health Act case important?

A

Set president for HR to supreme

59
Q

What was the Belmarsh case of 2004?

A

Lords ruled holding detainees against will under anti-terrorism act contradicted HR

60
Q

Why was the Belmarsh case important?

A

Showed government couldn’t hold suspected terrorist without consent because it contradicted HR

61
Q

What is the structure of Parliament?

A

Backbencher MP’s, Frontbencher MP’s, Select Committees, Standing Committees, Speaker of the House and Party Whips

62
Q

What is a Backbench MP’s?

A

All members of Commons who aren’t senior

63
Q

What is a Frontbench MP’s?

A

Senior members of party - minister and shadow cabinet

64
Q

What is a select committee?

A

Only in commons - investigates policies and work of government

65
Q

What is a standing committee?

A

Both houses - scrutinise and suggest amendments to legislation

66
Q

What is the speaker of the house?

A

Control debate and conduct of members

67
Q

What are the party whips?

A

Inform members about business and maintains party discipline

68
Q

What are the weaknesses of the Commons?

A

Strong party discipline, legislative powers have little effect, government controls debate, lack of significant research back up, ministers can resist investigation

69
Q

What are the strengths of the Commons?

A

Ultimate power to dismiss government, power to veto legislation, select committees influential, minority vulnerable to MP’s, high-profile proceedings, democratic legitimacy

70
Q

What is a key feature of general committee?

A

Exist in both houses, formed for each piece of legislation, consider and vote on proposed amendment on legislation, size between 15-40, party memebership roughly based of representation in houses, call witness and research matters, rarely defy government, whipped and expected to be party line

71
Q

Strengths of select committees

A

Extensive power, take interrogative style, committees tend to be independent, additional salary for chair gives more independence, reports generate publicity, membership determined by commoners

72
Q

Weaknesses of select committees

A

Some MP’s may be bound by party lines, can’t enforce reconomaditions, government can hold back information, only limited research back up

73
Q

What is the role of the commons?

A

Legislation, scrutiny of legislation and government, calling government to account, debate and deliberation, checking an overpowerful government, representing constituencies and outside interests, addresses individual grievances, provides formal consent to government and removes ineffective government

74
Q

Differences between Lords and Commons

A

Front benchers have smaller role, no departmental select committees in Lords, amendments made by lords have to approve by Commons, speaker is peer-elected

75
Q

How can government control Parliament?

A

PM patronage, payroll votes, collective responsibility, party loyalty, discipline by whips, control over agenda to suit wants

76
Q

Define parliamentary sovereignty

A

Supreme authority, nobody is above them

77
Q

Define parliamentary government

A

Executive drew from legislature

78
Q

How is the US different from the UK with respect to parliamentary government?

A

In the US no member of administration can sit in both houses

79
Q

Define collective responsibility

A

Front benchers are responsible for policies and can’t disagree with it in public

80
Q

Define adversarial politics

A

Competative parties, debates ensure checks

81
Q

Strengths of Lords

A

Relatively independent from party control, more time for deliberation, since 1999 had democratic legitimacy, contains experts

82
Q

Weaknesses of Lords

A

Unelected nature lacks legitimacy, only has the power to delay legislation, amendments must be approved by Commons, little power to institute legislation

83
Q

What is the Role of Lords?

A

Not a legitimising chamber and has no power to dismiss government, delay legislation for up to a year, amend legislation but needs Commons approval, Lords don’t represent constituencies, no jurisdiction over financial matters, independent and no role in arbitrary government, Lords may represent outside interest, no departmental select committee, Lords has time and independence to debate

84
Q

Arguments for all appointed chamber

A

Bring high-quality members, preserve undemocratic institution

85
Q

Arguments for part-elected chamber

A

Combine advantage of both, compromising democracy

86
Q

Arguments for fully-elected chamber

A

Legitimate and accountable to electorate, mirror Commons and affect legitimacy

87
Q

Proposed reforms of the Commons

A

Membership of committees done by backbenchers, chairs awarded extra salary, changing electoral systems, reducing size of Commons, giving citizens right to recall MP’s, equalising constituency size, increasing research facilities and reforming expenses systems

88
Q

Key points of select committees

A

Only exist in Commons, 11-13 backbenchers, MP’s decide who sits on them but they are roughly proportional to the percentages in chamber, investigates work, policies, proposed legislation and expenditure of government department, have power to call ministers to account, civil servants, official papers and outside witness and have research teams, operate in adversarial manour (government have 60 days to respond), present regular reports to Commons and try to be not-partisian, most departmental select committees but some general scrutinty

89
Q

Example of a select committee

A

Arms Export Controls Committee; research into sales of armour to Yemen - Chaired by Chris White

AS Politics (2 decks)

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