Chapter 3-The Constitution Flashcards
(29 cards)
when are codified constitutions generally produced?
At a critical juncture in a nation’s history
newly found independence
war
period of authoritarian rule
Distinguish what an uncodified constitution is
- There is no single authoritative document, instead, the rules and principles governing the state are found in several sources unwritten and written
- Constitutional laws have the same status as a regular statute
- It is not entrenched so can be easily amended in the same way as ordinary law
- Judicial review is limited because there is no single authoritative document judges can use
what are the five sources of the constitution ?
Statute law Common law conventions authoritative works treaties
what is statute law?
law derived from acts of parliament and subordinate legislation
what are some examples of statute law?
Great reform act 1832-extended the franchise Parliaments act 1911 and 1949 Scotland act 1998 HRA 1998 Fixed terms parliament act 2011
what is common law?
Law derived from general customs or traditions and the decisions of judges
What is royal prerogative?
Discretionary powers of the Crown that are exercised by government ministers in the monarch’s name
What does common law cover?
Judge-made law
customs
precedents
e.g royal prerogative
what did the royals prerogative powers traditionally include ?
Appoint ministers and choose the PM
give royal assent to legislation
declare war and negotiate treaties
What are conventions?
Established norms of political behaviour rooted in past experience rather than law
What sought to bring conventions into a single document?
2011 Cabinet office Manual
what are four key principles that are said to underpin the UK constiution?
Parliamentary sovereignty
the rule of law
a unitary state
Parliamentary government under a constitutional monarchy
what are the three main strands of the rule of law?
No one can be punished without trial
No one is above the law and all are subject to the same justice
The general principle of the constitution such as personal freedoms result from judge-made law common law rather than from parliamentary statute or executive order
In a unitary constitution:
- Subnational institutions do not have autonomous powers that are constitutionally safeguarded
- the regional government may be weak or non existent
- local government has little power
what is cabinet government?
A system of government in which executive power is vested not in a single individual but a cabinet whose members operate under the doctrine of collective responsibility
What are the strengths of the UK constitution ?
- Adaptability -UK const has evolved gradually in the face of changed circumstances. Pragmatic reforms are introduced where there is a clear case for change
- Strong government- provides for a strong and effective gov executive is where power day to day resides de facto
- Accountability- gov is accountable to both parliaments which scrutinises its activities and the wider electorate. An unpopular gov will pay the price at the polls
What are the weaknesses of the UK constitution?
Outdated and undemocratic- critics portray it as outdated, inefficient and undemocratic. Royal prerogative dates back to medieval times or HoL
- Concentration of power- power dangerously at the centre of few safeguards against the arbitrary exercise of state power. Rule of law is not fully protected governments can undermine civil liberties
- Lack of clarity- creates problems in interpretation rights and responsibilities are poorly defined and not entrenched citizens cannot engage with the system
What four interlocking themes drove Labour’s promise of constitutional reform after emerging gloriously from the 1997 election?
-Modernisation, parliament, civil service and the executive were using outdated and inefficient procedures that demanded reform
-Democratisation -participation in the political process would be encouraged through electoral reform and greater use of
referendums
-Decentralisation-role of local government being enhanced and more decision making powers given to devolved assemblies
- Rights- the rights of citizens would be strengthened and safeguarded
New Labour’s constitutional reforms 1997-2010 in area of rights
- The HRA 1998 incorporates the European Convention on Human Rights into UK law
- The freedom of information act 2000 gives greater access to information held by public bodies
New Labour’s constitutional reforms 1997-2010 in area of devolution
A Scottish parliament with primary legislative and tax-raising powers
A Northern Ireland Assembly with primary legislative powers
-A welsh assembly with secondary legislative powers
-A directly elected mayor of London and a London assembly
- Elected mayors in some English authorities
New Labour’s constitutional reforms 1997-2010 in area of electoral reform
New electoral systems for devolved assemblies for the European Parliament and for elected mayors
New Labour’s constitutional reforms 1997-2010 in area of Parliamentary reform
All but 92 hereditary peers are removed from the House of lords limited reforms to the workings of the house of Commons
New Labour’s constitutional reforms 1997-2010 in area of judiciary
The constitutional reform act 2005
Supreme court started work in 2009
New judicial appointments system
changes to role of lord chancellor
A few examples of rights protected by the HRA
Right to life
right to a fair trial
freedom from torture and degrading treatment
freedom from discrimination
