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
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
3
Q
Define uncodified
A
No single document
4
Q
Define flexible
A
Altered via law making process
5
Q
Define rigid
A
Specific arrangements that make amendment differents
6
Q
Define unitary
A
All power concentrated in hands of central government
7
Q
Define federal
A
Division of power between central and regional government
8
Q
Define monarchial
A
Ruled by hereditary monarch
9
Q
Define republic
A
No hereditary monarch
10
Q
Define presidential
A
Two branches of government functioning independently
11
Q
Define parliamentary
A
Executive was chosen and accountable to legislature
12
Q
Define sovereignty of parliament
A
Parliament supreme power
13
Q
Define sovereignty of people
A
Power to people
14
Q
Define constitutionalism
A
Government operates within rule, strong judicial devices breaking
15
Q
Define codification
A
Written single document, clear rules and principles
16
Q
Define entrenchment
A
Arrangements for changing constitution make it difficult with consensus
17
Q
Define supremacy
A
Supreme authority
18
Q
Define anti-constitutionalism
A
Actions undermines authority of constitution
19
Q
Define mixed constitution
A
Blend of traditional rules and democracy
20
Q
Define organic constitution
A
Constitution developing over time
21
Q
Define liberal constitution
A
Guarantees rights of individuals and limits power of government
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
23
Q
Examples of constitutional reforms
A
Elected House of Lords, HR Act and Freedom of Information Act
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
25
Reasons against constitutional reforms
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
26
What are the weaknesses of the constitution?
Not entrenched, concentrates power, rights inadequately protects, doesn't create fair elections, contains undemocratic elements, outdated and unitary
27
Define liberal interpretation
Taking aw for word for word, unlikely to look what parliament is doing
28
Define judical president
Higher court decisons bing all courts below
29
Define 'stare decisisis'
Stand by decision made
30
Define 'ratio decidendi'
Reason for decison
31
Define 'obiter dicta'
Extre things a judges says
32
Define binding president
Have to follow
33
Define pusave president
Dont have to follow
34
Define ultra veres
Beyond powers
35
Define judge-made law
Judges interpret law in particualar way
36
Define case law
judges applies law to particualr case and it becomes law
37
Define rule of law
All individuals are accountable to and beneficaries of basic laws in courts
38
What are the 8 principles?
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
Define judical neutarlity
Judges expected to be impartial and interpret law not make it
40
What were the Kilmar guildlines?
Lord Chancellor restricted freedom of judges to use activism
41
How is neutarlity ensured?
Rule of law, no policital ativity, socially representative, lack of bias and national intrest in every decision
42
Define judcial review
Process enables judges to override decisons/laws made by democratically elected government
43
Which party had issues with anti-terrorism legislation?
Labour legistlation got shot down
44
Descibe Prague airport case
Judges ruled government acting on racial ground by not allowing Romans to travel UK thorugh fears they might claim asylum
45
What did Humn Rights Act reform?
Passage of judges, list of freedoms set up and lose cases based on judgements
46
What reforms have happend since 2005?
Judical appointment committee, vacanicies in Supreme courts, law lords removed from House of Lords and removal of Lord Chanclellor as head of judciary
47
Define judical activism
Willing to see right even if it disagree and admisnter law in a passive way
48
Why did the President of Supreme Court attack Thersa May?
For critising judges on not removing foreign criminals
49
Define judical independance
Speration of judicary from other branches
50
How is indpenedance secured?
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
Who now selects judges?
Judical appointment committee
52
What is the Act of Settlement (1701)
Makes hard to remove judges
53
What are majority of supreme court?
White males
54
How do judges emerge?
After practising law on the bar
55
What was the Factorame case of 1991?
House of Lords ruled UK fishing merchant act conflicted with EU fisheries
56
Why was the Factorame case important?
Showed EU convention on HR was entrenched
57
What was the Mental Health Act case of 2002?
Person need to prove health to be realised but Lords said this contradicted HR
58
Why was the Mental Health Act case important?
Set president for HR to supreme
59
What was the Belmarsh case of 2004?
Lords ruled holding detainees against will under anti-terrorism act contradicted HR
60
Why was the Belmarsh case important?
Showed government couldn't hold suspected terrorist without consent because it contradicted HR
61
What is the structure of Parliament?
Backbencher MP's, Frontbencher MP's, Select Committees, Standing Committees, Speaker of the House and Party Whips
62
What is a Backbench MP's?
All members of Commons who aren't senior
63
What is a Frontbench MP's?
Senior members of party - minister and shadow cabinet
64
What is a select committee?
Only in commons - investigates policies and work of government
65
What is a standing committee?
Both houses - scrutinise and suggest amendments to legislation
66
What is the speaker of the house?
Control debate and conduct of members
67
What are the party whips?
Inform members about business and maintains party discipline
68
What are the weaknesses of the Commons?
Strong party discipline, legislative powers have little effect, government controls debate, lack of significant research back up, ministers can resist investigation
69
What are the strengths of the Commons?
Ultimate power to dismiss government, power to veto legislation, select committees influential, minority vulnerable to MP's, high-profile proceedings, democratic legitimacy
70
What is a key feature of general committee?
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
Strengths of select committees
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
Weaknesses of select committees
Some MP's may be bound by party lines, can't enforce reconomaditions, government can hold back information, only limited research back up
73
What is the role of the commons?
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
Differences between Lords and Commons
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
How can government control Parliament?
PM patronage, payroll votes, collective responsibility, party loyalty, discipline by whips, control over agenda to suit wants
76
Define parliamentary sovereignty
Supreme authority, nobody is above them
77
Define parliamentary government
Executive drew from legislature
78
How is the US different from the UK with respect to parliamentary government?
In the US no member of administration can sit in both houses
79
Define collective responsibility
Front benchers are responsible for policies and can't disagree with it in public
80
Define adversarial politics
Competative parties, debates ensure checks
81
Strengths of Lords
Relatively independent from party control, more time for deliberation, since 1999 had democratic legitimacy, contains experts
82
Weaknesses of Lords
Unelected nature lacks legitimacy, only has the power to delay legislation, amendments must be approved by Commons, little power to institute legislation
83
What is the Role of Lords?
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
Arguments for all appointed chamber
Bring high-quality members, preserve undemocratic institution
85
Arguments for part-elected chamber
Combine advantage of both, compromising democracy
86
Arguments for fully-elected chamber
Legitimate and accountable to electorate, mirror Commons and affect legitimacy
87
Proposed reforms of the Commons
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
Key points of select committees
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
Example of a select committee
Arms Export Controls Committee; research into sales of armour to Yemen - Chaired by Chris White
