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Politics UNIT 2- The British Constitution > The Constitution > Flashcards

The Constitution Flashcards

1
Q

What is a constitution?

A

A constitution is a body of rules that defines the manner in which a state or society is organised

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2
Q

What does a constitution set out?

A

It sets out the way in which sovereign power is distributed between the government and the people, and between government’s constituent parts

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3
Q

What can no constitution do?

A

No constitution can spell out exactly what should happen in every eventuality

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4
Q

Although no constitution can spell out exactly what should happen in every eventuality what does it provide?

A

It simply provides a framework upon which more complex rules, structure and processes can be built

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5
Q

What are the two types of constitution?

A
  • codified

- un-codified

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6
Q

What constitution does the UK fall under?

A

an un-codified constitution

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7
Q 
What is the nature of both 
-codified
and
-un-codified
constitutions?
A

codified-revolutionary

uncodified-evolutionary

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8
Q

What is the format of a

  • codified constitution
  • un-codified constitution ?
A

codified- a single authoritative document

un-codfied-a less tangible constitution, drawing up upon a range of written and unwritten sources

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9
Q

What is an example of a country with a
*codified
*un-codified
constitutions?

A
  • USA

- UK

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10
Q

What are the 5 main sources of the British Constitution?

A

1) Statute law
2) Common law
3) Conventions
4) EU laws and treaties
5) Works of authority

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11
Q

What is constitutional statute law ?

A

those Acts of Parliament that play a key role in defining the relationship between the government and the people or between different elements of government

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12
Q

What are 3 examples of statute law?

A
  • Human Rights Act 1998

- Parliament Acts 1911 and 1949

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13
Q

What is the supreme source of the UK constitution?

A

statute law

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14
Q

What can pass a new statute or unmake any existing law and overturn any other constitutional practise?

A

the doctrine of parliamentary sovereignty

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15
Q

What is Parliamentary Sovereignty?

A

the doctrine of parliamentary sovereignty holds that the Westminster Parliament retains supreme political power within the UK system of government

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16
Q

What is common law also referred to as?

A

case law

17
Q

What is common law?

A

this refers to established customs and legal precedent developed through the actions of judges

18
Q

What were most traditional civil liberties available to UK citizens such as freedom of speech established by?

A

common law

19
Q

What is the royal prerogative rooted in?

A

common law

20
Q

What is the royal prerogative?

A

this consists of those powers traditionally exercised by the monarch. Many of these powers are now exercised by the PM on behalf of the monarch

21
Q

What are conventions?

A

conventions are traditions or customs that have evolved over time and become accepted rules of behaviour

22
Q

Do conventions have legal standing?

A

no

23
Q

Why can conventions be easily overturned with the passing of a parliamentary statute?

A

as they have no legal standing

24
Q

What doctrine of cabinet is rooted in convention?

A

Collective responsibility

25
Q

What is collective responsibility?

A

This is the principle that as decisions are taken collectively within cabinet, cabinet members are expected to support publicly those decisions made or resign their posts

26
Q

Under what Act did the UK incorporate the Treaty of Rome 1957 into UK law?

A

European Communities Act 1972

27
Q

What impact did the incorporation of the Treaty of Rome 1957 have on the UK law?

A

This gave EU laws and treaties precedence over our own national laws

28
Q

Although UK law is bound by EU laws, what does parliament have the right to do?

A

They have the right to repeal the 1972 Act and subsequent treaties, and thereby withdraw from the EU

29
Q

What are Works of Authority?

A

These are scholarly texts which serve to codify practices not outlined on paper else where

30
Q

What authority do ‘Works of Authority’ have?

A

a persuasive authority

31
Q

What gives Works of Authority certain status?

A

the fact that many of them have been used as constitutional references for well over 100 years

32
Q

Who are three authors of ‘Works of Authority’?

A
  • Walter Bagehot
  • Erskine May
  • A.V Dicey
33
Q

What book did Walter Bagehot write?

A

‘The English Constitution 1867’

34
Q

What book did Erskine May write?

A

‘Parliamentary Practise 1844’

35
Q

What book did A.V Dicey write?

A

‘An Introduction to the Study of the Law of the Constitution 1885’

36
Q

Although statute law has historically been said to be the supreme source of the UK constitution, what recently have seen the primacy of statute law questioned?

A

The expansion in the range and depth of EU laws and regulations

Politics UNIT 2- The British Constitution (20 decks)

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