1 Constitution Flashcards
(95 cards)
1
Q
development of the constitution overview
A
- Magna Carta (1215)
- Bill of Rights (1689)
- Act of Settlement (1701)
- Acts of Union (1707)
- Parliament Acts (1911 and 1949)
2
Q
what is a constitution?
A
set of political principles by which a state or organisation in governed, especially in relation to the rights of the people it governs
3
Q
what are the three things the constitution seeks to?
A
- establish duties, powers and limits and functions on government
- regulate relationships bet institutions
- define the relationship between the state and individual
4
Q
what are the five pillars underpinning the uk con?
A
that define the nature of the con:
- Parliamentary Sovereignty
- uncodified
- unitary
- entrenched
- rule of law
5
Q
twin pillars
A
Writing in 1885
- the constitutional theorist A. V. Dicey identified two key principles, which he considered the twin pillars of the UK constitution = parliamentary sovereignty and the rule of law.
6
Q
constitutional monarchy
A
although the monarch lost its absoluete power long ago it still remains con sig body in uk
- according to bagehot, the ‘dignified; institutuons still play a vital role, spec to serve as a symbol of pol unity above pol parties.
7
Q
according to bagehot the monarch has the right to what?
A
- to be informed
- to be consulted
- to warn
- to encourage
8
Q
the rule of law
A
the principle that law should ‘rule’ in the sense that it applies to all conduct or behaviour and covers both priv cits and pub officials (the gov is still subject to legal checks and constraints)
9
Q
parliamentary government
A
parliamentary gov exists when there is a fusion of legislative and executive branches w the leader of the largest party becoming pm
10
Q
what are the three main ways constitutions classified?
A
- codifed or uncodified constitutions
- as unitary or federal constitutions
- as entrenched or unentrenched constitutions
11
Q
codified constitutions
A
a con in which key constituonal provisions are collected together within a single legal document
12
Q
three key features of a codified constitution
A
JEA
1. doc is authoritative. it constitues higher law - the highest law of the land = gives rise to a two tier legal system, which the con stands above statute law made by legislature
2. provisions of the con are entrenched. difficult to amend or abolish. procedure for making and changing the con is more complex or difficult for making ordinary laws
3. its judiciable. all pol boides are subject to the authority of the courts and in partic a constitutional court
13
Q
judiciable
A
capable of being decided by legal principles or by a court of justice
14
Q
entrenched
A
smh that is firmly established and difficult ot unlikely to change
15
Q
undcodified constitution
A
a con that is made up or rules that are found in a variety of sources in the absence of a single legal document
16
Q
parliamentary sovereignty
A
parl is the supreme legal authority in the uk and can create, amend any law which cannot be overruled by the courts
- a form of legal sovereignty = most important principle in uk con
17
Q
two key features of parliamentary sovereignty?
A
- Legislation passed by Parliament cannot be struck down by any higher authority, such as the courts. The Supreme Court of the UK can only interpret legislation, not declare it unconstitutional
- No Parliament has the power to bind its successors, meaning the current Parliament has the right to amend or repeal any legislation passed by previous Parliaments.
18
Q
three defining features of uncodified constitutions
A
- con is not authoritative. con laws enhot the same status as ordinary laws. states w uncodified cons have a single tier legal systems w no higher law
- not entrenched. con can be changed by passing a statute law. reflected in uk of parl sov through which parl can make and amend any law it wishes inc laws that effect the con
- uncodified cons are not judiciable,. in absence od higher law
19
Q
what does a unitary constitution underpin?
A
establish the con supremacy of central gov over local bodies.
- do this by entrusting sovereignty in the national legislatue = it can create or abolish, strengthen or weaken all other institutions.
- this is parl in the uk.
- devolved assesmblies and local authorities do not enjoy a share of sovereignty
20
Q
federal meaning
A
constituting a form of gov in which power is distributed between a central authority and a number of constituent territorial units
21
Q
what does a federal constitution underpin?
A
divide powers between two levels of gov
- both central gov and regional gov passes a range of powers that the other cannot encroach on
- many argue that dev has deepened, the uk’s con has aquired a quasi-federal character
22
Q
quasi federal
A
a division of powers between central and regional gov that has some feature of federalism wo processing a federal structure
23
Q
unitary constitution
A
a con that concentrates sovereign power in a single body
24
Q
federal constitution
A
a con that is based on the principle of shared sovereignty in that there are two relatively autonomous levels of gov: national and regional
25
which type of con is inflexible and rigid and why?
codified cons bc their provisions in some way are entrenched in higher law
26
which type of con is flexible and adaptable and why?
uncodified cons bc of the con sig can be chnaged through ordinary legislative proc
27
how can you describe the uk con?
uncodified, unitary and unentrenched
28
how is the uk con best though of as?
part written and uncodified con relfects no single authoritative con dcoc. most of the rules of con are written down and many have legal status.
- the rules and principles of the con can be found in a variety of places
29
what are the five sources of the uk con?
statute law; common law; conventions; authoritative works, and
treaties.
30
statute law
laws that have been decided and approved by parl
31
how is statute law made?
made by parl
32
how are statute laws passed?
these laws are passed in exactly the same way as any other piece of legislation and do not look any different to other laws once they have been passed by Parliament.
33
are all statue laws of constitutional significance?
not all are! only ones that affect the powers and responsibilties of gov or the rights and freedoms of citizens.
34
how important is statute law?
the single most importnat source of the con
35
what does parliamentary sovereignty imply with regards to statute law?
statutes outrank all other sources od con
- if a statute conflicts w a convention or common law - the statue will always prevail
36
what are some important statute laws?
- scot act 1998 and gov of wales act 1998
- human rights act 1998
- hol 1999
- con reform act 2005
37
Magna Carta (1215)
the Greater Charter of Freedoms imposed by rebellipus barons on King John of England. the first systematic attempt was made to distinguish between monarchy and tyranny, based on the requirement that the king should rule justly and in accordance
38
common law
a legal system in england that has developed over time from old customs and court decisions rather than laws made by politicians
39
how does common law exist?
it exists when there is no statute law
- it is seen as judge made law = well established and defined by judges over time that there is no need for parliament to create a statue law
40
what is common law based on
Essentially, these are laws based on tradition and general acceptance by the people. Whilst not all such laws are constitutional, some are so far-reaching that they do have a constitutional impact, especially those related to civil liberties.
41
what is common law used for?
ensure that the law is constantly to meet changing social attitudes
42
conventions
unwritten understanding about how something should be done which although not legally enforceable is almost universally observed like a custom or traditon
43
how did conventions come about?
customs or traditions that have endured throughout history
44
features of conventions
These are customs and practices that do not have legal force, but have been broadly accepted and adhered to over time. They might be considered as unwritten rules that the political community choose to follow. Many of these aspects of the constitution are based on history and tradition, although some new examples have emerged in more recent years.
45
why are conventions upheld?
upheld by prac pol circumstances - nt keeping them would result in consequences.
46
royal assent
the monarchs approval of legislation passed by parl
47
convention of the royal assent?
the royal assent is always granted is upheld by the monarchs desire to not challenge the democractic will of parl, an act that would bring the future of the monarchy into question
48
examples of con conventions?
- individual ministerial responsibility
- powers of the royal perogative exercicsed by the pm, not the monarch
- powers inc power to appoint, sack mins, dissolve parl and ratify international treaties
49
authoritative works
books written by constitutional experts explaining how a pol sys is run. they are not legally binding but are taken as sig guides to how the con works.
50
what is a peculiarity of the uk con?
the need to consult works by authors who are considered to be authorities on con issues
- works help to define what is constitutionally correct - they are wrriten it are not legally enforceable.
51
why are authors needed for the con? (2)
1. many gaps and confusion in uks uncodified con w uncertainty abt how rules and principles should be applies in prac
2. these athouritative works carry out the job of interpretation - saying what the con means
52
do authoritative works have legal authority?
no they lack it
- the con works only consultled and followed if considered relevant and their authors are respected = their status is subject to debate
53
what are the three main key works of constitutional authority?
1. Walter Bagehots - the English Con 1867 - he distinguished bet the dignified parts of the con from the efficient parts of the con
2. A.V. Dicey's An Intro to the Study of the Law of the Constitution (1885). This defines the "twin pillars' of the constitution: Parliamentary sovereignty and the rule of law.
3. Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament (1844). This provides the most authoritative account of the practices, procedures and rules of Parliament and was used by Speaker Bercow during the Brexit crisis in Parliament
54
treaty
a written agreement bet two or more countries formally approved and signed by their leaders
55
what is devolution?
the transfer of power from the central gov in Westminister to lower regional institutions like the scottish parliament or welsh assembly.
56
do devolved bodies have a share in sovereignty?
nope! their responsibilities and power are determined bt the central sovereign authority which could really in theory abolish them
57
what has been the most significant change to the uks con?
devolution since 1997
58
what is asymmetrical devolution?
the various local and regional institutions have been granted different levels of power, meaning they are not all equal. like in wales, scotland and ni they do not have equal power to do as they please
59
what type of devolution is the scottish parliament?
- legislative devolution
- has primary legislative powers in most fields of domestic policy and tax varying powers
60
what has led to the rise of the snp?
the increase range of powers has mirrored the rise in popularity of the snp in scottish and westminister parliamentary elections, with increased powers offered to appease the growing desire for independece.
61
how has devolution evolved in scotland?
- 1997 Scottish devolutuon Referendum
- 1998 Scotland Act
- 2012 Scotland Act
- 2014 scottish independence referendum
- 2016 Scotland Act
62
Scottish devolution referendum
the referendum supports the idea of the scot parl w 74% voted yes with tax raising powers w 63% voted yes
= result paved way for dev of power for scot
63
scotland act 1998
establishes a scottish parl and executive w devolved primary legislative powers in some areas in a reserved power model and income tax varying power around 3% from rest of country.
- power to pass own civil & criminal laws of their own
- control over the administration of many public services (healthcare, edu, pub trans, policing)
64
scotland act 2012
this act implements the recs of the calaman commission, giving extension of tax powers inc increasing tax varying power to around 10% and devolution of some additional taxes
65
scottish independence referendum
2014
- to gauge the level of public interest in the idea of Scot becoming fully independent from the rest of the UK.
- vote to stay in uk is 55% to 45% on 85% turnout
66
scotland act 2016
extends more power to scot parl and gov inc more powers over taxation + recognises scot parl and gov as permenant constitutional arrangement which cannot be abolished wo referendum
- widening of areas in which the Scottish Parl could pass laws, inc the power to determine abortion laws and speed limits
67
after the scotland act 2016 - how much of the devolved expenditure does the scot parl have control over the taxation equivalent?
- Scottish Parl now has control over taxation equivalent to 36% of devolved expenditure, compared to less than 10% when it was first established.
68
what is the welsh assembly an example of?
administrative devolution = no control over taxation and only secondary legislative
69
reserved power model
those matters not specifically set out in statute as reserved to westminister are assumed to be devolved
70
secondary legistlative power
the ability to vary some laws passed by the hop, creating dependency on westminister legislation
71
how has devolution evolved in wales?
- 1997 Welsh devolution referendum
- 1998 Gov of wales act
- 2006 Gov of wales act
- 2011 second welsh referendum
- 2014 the wales act
- 2017 the wales act
72
welsh devolution referendum
1997
- vote held to gauge the level of public interest in the idea of further devolution.
- referendum results support idea of welsh parl = 50.1% voted yes
73
1998 gov of wales act
establishes a welsh parl and executive w administrative powers in a range of areas
- Welsh Assembly were not given the power to borrow any money, or raise their own funds through taxation. The Welsh Assembly was also not given the power to pass any laws of its own, meaning it would still be beholden to those passed by the UK Parliament. They were given control over the administration of certain public services, including health, education, local authority services, public transport and agriculture.
74
2006 gov of wales act
grants the welsh parl primary legislative powers in a limited range of areas
- seperates the executive from legislature and the legislation stated that a further referendum in 2011 should be held on the topic of granting additional legislative powers to the Welsh Assembly.
75
second welsh referendum
2011
- 64% voted in favour of more primary legislative powers for welsh parl
- This was a vote held in Wales to gauge the level of public interest in the idea of further devolution. The referendum asked voters whether or not they supported the idea of the Welsh Assembly being given the power to pass laws in twenty areas over which they already had administrative authority.
76
2014 wales act
devolves more power to wales inc control of some taxes and changing the name of the assembly to a parliament, signifying an increase in powers
- this legislation granted more control over various taxes, incl business rates, stamp duty charged on property sales and landfill tax.
- Some limited powers were also granted to allow the Welsh Gov to borrow money on open markets to enable it to invest in major projects.
77
2017 wales act
gives the assembly new income tax varying powers of around 10% as well as more primary legislative powers
- recognises the welsh parl and gov as permenant constitutional arrnagement which cannot be abolished wo a referendum
78
what is one of the key reasons for devolution?
to create local solutions to local probs
79
examples of significant devolution changes in scotland?
- abolition of tutition fees for uni students in scot in 2008
- reintroduction of free long term care for the elderly in 2002 in scot
80
what law did scotland pass in 2006 that was closely followed by the others?
in 2006, scot passed law banning smoking in pub places followed immediately by wales, ni and in 2007 eng
81
what laws did scot, ni and wales all do?
- wales 2007, ni 2010, scot 2011 = perscription became free
82
what did scotland and wales do to the voting age?
reduced the voting age fro scottish and wels parlimentary elections from 18 to 16
83
what did scotland and wales do to the electoral system?
local gov elecs changed w use of stv
84
what does scotland spend on that eng doesnt?
- health expenditure of abt £11b onstitues abt one third of all scottish budget and results in 10% higher per capita spend in soctland compared to eng
85
what does scotland spend on that the rest of the uk doesnt?
spending on social services in soct is 25% higher per capita than elsewhere in uk
86
how has devolution taken the form of in England? what type of devolution is this an example of?
in form of directly elected mayors in parts of england and the mayor of london.
- administrative devolution
87
1997 (Devolution in england)
referendum on a mayor of London and assembly approved
88
2004 (Devolution in england)
a strong no vote in 2004 referendum on establishment of an assembly for the north east of eng effectively blocked any further progress in this direction by demostrating little public support for english regional gov.
89
2012 (Devolution in england)
coalition offered mayors to twelve cities via referenda with only three took up the offer - eg liverpool and bristol
90
2017 (Devolution in england)
metro mayors elected in greater manchester, the west midlands and west england (many more)
91
2018 (Devolution in england)
sheffield city region elects labour mp dan jarvis as its mayor in 2018
92
what do the powers of metro mayors include?
developing econ growth strategy. making policy on housing, skills and transport.
93
what is the difference between city mayors and metro mayors?
mayors have the responsibilities and powers acorss the city regions unlike existing city mayors or local council leaders who make decisons for their local areas
94
how many people in england have metro mayors?
nearly 17 mil in eng w metro mayors have sig executive powers and funding available to them to make strategic decisions across whole city regions
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