Unit 2 UK Government - C5 The Constitution Flashcards
What is a Constitution?
The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it
Differences between Codified and Uncodified Constitutions
Codified means the constitution is written down in a single document; however, an uncodified constitution just means it’s not written down in one single document; the constitution could be found in many documents or even not written down
Examples of Countries that have Codified and Uncodified Constitutions
Codified: USA Saudi Arabia Uncodified: United Kingdom Israel New Zealand
Functions of a Constitution
Determine how political power should be distributed within the state
Establish the political processes that make the system work
Assert the rights of the citizen against the constitution
States what the limits of governmental power should be - the competence of the government
Establish rules by which the nationality is established - who is entitled to become citizen and how outsiders may become citizens
Amend the constitution; in order for it to be applicable to follow today
What is Entrenchment?
A provision that makes certain amendments either more difficult or impossible to pass, making such amendments inadmissible.
Overriding an entrenched clause may require a super-majority, a referendum, or the consent of the minority party.
What is a Statute? Examples?
Statues are acts of parliament ( laws that are passed by the parliament) Examples of key statutes passed: Equal Franchise Act (1928) - equal voting rights to women Life Peerages Act (1958) - introduced the appointment of life peers to add to the hereditary peerage Human Rights Act (1998) - incorporated the codified European Convention of Human rights into UK law Scotland Act (1998) - established a Scottish Parliament with Legislative powers House of Lords Act (1999) - abolished all but 93 hereditary peers in House of Lord Freedom of Information Act (2000) - introduced the right of citizens to see all official documents not excluded on grounds of national security Fixed Term Parliaments Act (2011) - replaced the PM’s power to call an election at any time with the rle that elections need to take place every 5 years, unless parliament passes a vote of no confidence
What is a Convention? Examples?
Convention is an unwritten rule that is considered binding on all members of the political community. The power of the prime minister are governed by these conventions
The Salisbury Convention - states that house of lords should not block any legislation that appeared in the governing party’s most recent election manifesto
Collective responsibility - all members of the government must support official policy in public or resign or face dismissal
What is a Unitary State?
A system of political organization in which most or all of the governing power resides in a centralized government
What is a Federal State?
A political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government
Why is the UK described as Quasi-Federal?
The UK is described as Quasi-Federal.
We have features of a federal state as we have devolved power to Scotland, Wales and the northern island. However, due to the UK having an unwritten constitution (laws not being entrenched) and parliament being sovereign, all power resides in the UK parliament. Therefore it is very easy in the UK to change the distribution of power among individuals and bodies - it simply requires an act or resolution of parliament
Constitutional Monarchy and Prerogative Powers
Constitutional monarchy is a principle that the monarch is limited in its role and can play no active role in politics
The prerogative powers the prime minister, exercised on behalf of the monarch, are essentially common law practices, which have never been codified
Sources of the UK Constitution
Statute law - laws passed by Parliament
Works of authority - books written to help explain the workings of the UK’s uncodified constitutional arrangements
Common law and Case law - exists where judges make decisions based on long established practises or form an opinion of a fair and just outcome
Conventions - traditions and customs that have developed over centuries throughout the UK’s evolutionary system - THEY ARE NOT LAWS
EU treaties/law - an additional source of the UK constitution
Difference between Legal and Political Sovereignty
Legal sovereign is a law-making authority in legal terms, whereas political sovereignty is behind the legal sovereign. The legal sovereign can express his will in legal terms. But the political sovereign cannot do so.
Strengths of the UK Constitution
Easy to change and/or amend
Cannot be entrenched
Effective Government - decisions from the government, backed up by parliament cannot be overturned
Referendums - majority from general public wins
Limitations of the UK Constitution
Unelected house - House of Lord
Unelected head of state - Monarchy
Hard to fully understand what the constitution withholds
Elective Dictatorship - Once elected, they can act as they please due to the combination of Parliamentary Sovereignty and Parliamentary Government
Centralisation - Executive and Legislative powers in the UK are blurred
Weak protection of Rights
Fusion of power between executive and the legislature - lacks of checks and balances because prime minister has more than 50% of the legislature therefore is able to pass any law - PM is held less accountable and less scrutinized
PM has too much power - large majority, prerogative powers, second house cannot block legislation
