Constitution-1-23 Flashcards

(39 cards)

1
Q

What is a constitution?

A

A body of laws, rules and practices that sets out the way in which a state is organised.

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2
Q

What are the twin pillars of the UK constitution?

A
  • Parliamentary Sovereignty
  • Rule of Law
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3
Q

What does a constitution define?

A

The relationship between the government and the individual, and between different parts of the state.

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4
Q

What is a bill of rights?

A

Legal protection for the rights of individuals provided by a constitution.

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5
Q

What is meant by limited government?

A

A system of checks and balances to prevent one branch of government from becoming too powerful.

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6
Q

What is a codified constitution?

A

A written constitution that clearly defines the powers of the different branches of government.

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7
Q

What is an uncodified constitution?

A

A constitution with no single source, containing key ideas and principles from different sources.

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8
Q

What is fundamental law?

A

Law that is above ordinary law, typically found in codified constitutions.

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9
Q

What does it mean for a constitution to be entrenched?

A

Special procedures are needed to amend the constitution.

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10
Q

What is the difference in flexibility between codified and uncodified constitutions?

A

Codified constitutions are seen as inflexible, while uncodified constitutions are seen as flexible.

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11
Q

What does the UK constitution lack?

A

A clearly defined entrenched and superior fundamental law.

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12
Q

What is statute law?

A

Law created by Parliament, requiring approval from both Houses and royal assent.

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13
Q

Give an example of statute law of constitutional importance.

A
  • Great Reform Act 1832
  • Parliament Acts 1911 & 1949
  • European Communities Act 1972
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14
Q

What is common law?

A

Legal principles developed and applied by UK courts.

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15
Q

What is the royal prerogative?

A

Powers traditionally exercised by the monarch, now exercised by government ministers.

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16
Q

What are conventions in the context of the UK constitution?

A

Rules or norms of behaviour that are widely thought to be binding but are not legally enforceable.

17
Q

What is a work of authority?

A

Political texts or books that serve as a guide to constitutional law.

18
Q

Name a significant work of authority related to the UK constitution.

A
  • Erskine May’s A Treatise on the Law of Parliament
  • Walter Bagehot’s The English Constitution
  • A.V. Dicey’s An Introduction to the Study of the Law of the Constitution
19
Q

Fill in the blank: The UK constitution is seen as very _______.

20
Q

True or False: The US Constitution has been amended more than 100 times.

21
Q

What did the Fixed Term Parliaments Act 2011 establish?

A

Fixed, 5 yearly elections to the Westminster parliament.

22
Q

What is the significance of the 2nd amendment in the US?

A

It states that the right of the people to bear arms shall not be infringed.

23
Q

What is the role of the judiciary in relation to common law?

A

To clarify cases where law is unclear and establish precedents.

24
Q

What is the impact of parliamentary sovereignty on the UK constitution?

A

Parliament can enact or amend laws without constitutional constraints.

25
What is an example of a constitutional statute law?
* Human Rights Act 1998 * Scotland Act 1998
26
What did the Labour manifesto promise upon winning the election in 1997?
Widespread constitutional reform ## Footnote The key areas of reform included modernisation, greater democracy, devolution, and human rights.
27
What were the four areas focused on in the constitutional reform under David Cameron?
* Modernisation of political institutions * Greater democracy in the political system * Establishment of devolved legislative bodies in the constituent countries of the UK * Human rights ## Footnote This reform was considered more modest compared to earlier efforts.
28
Name one major constitutional change since 1997.
Adoption of the Human Rights Act ## Footnote Other changes can include the introduction of the FOI Act and devolution.
29
What is one potential future reform for the UK constitution?
Lowering the voting age to 16 across the UK ## Footnote Other suggestions include making voting compulsory and reforming the voting system for Westminster elections.
30
True or False: The UK constitution is entirely effective in defending individual rights.
False ## Footnote Critics argue that the lack of entrenched rights makes individual rights vulnerable to parliamentary changes.
31
What is the role of the Equality Act 2010 in protecting rights in the UK?
Prevents discrimination and protects equality of pay, equal access to services, and employment rights ## Footnote This Act plays a significant role in upholding individual rights.
32
Fill in the blank: The _______ protects human rights, including the right to privacy and freedom from torture.
Human Rights Act 1998 ## Footnote This Act is crucial for the protection of various human rights in the UK.
33
What is one argument for the UK constitution protecting rights well?
The presence of an independent judiciary ## Footnote This independence is argued to help in the protection of individual rights.
34
What is one argument against the UK constitution protecting rights well?
The lack of entrenched rights makes individual rights vulnerable to parliamentary whims ## Footnote Critics believe this undermines the security of rights.
35
What are individual rights?
Rights such as the right to a fair trial or the right not to face discrimination ## Footnote These rights are fundamental to personal freedoms.
36
What are collective rights?
Rights belonging to groups, such as religious groups or trade unions ## Footnote These rights often conflict with individual rights.
37
Can you name a conflict that arises between individual and collective rights?
Disputes between the rights of a trade union and the individual rights of its members ## Footnote Such conflicts can lead to legal and social tensions.
38
What is one argument for the codification of the UK constitution?
Provides a clear and accessible framework for rights and governance ## Footnote Codification could enhance the protection of rights.
39
What is one argument against the codification of the UK constitution?
It could limit the flexibility of parliamentary sovereignty ## Footnote Opponents argue that a rigid constitution may hinder adaptability.