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Constitution Flashcards

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1
Q

What is a constitution?

A

A political and administrative structure which affects the way we are governed. A form of consensus which is reasonable enough to go ahead.

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2
Q

What is the nature of the British Constitution?

A

Uncodified, Unitary, Parliamentary sovereignty, Quasi federal constitution.

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3
Q

What are the sources of the UK constitution?

A

Statute law, Common law, Royal prerogative, convention, works of authority, EU law.

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4
Q

What is statute law?

A

Acts of parliament which become law after they receive royal assent.

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5
Q

Why are acts of parliament not as significant on a constitutional level?

A

When we were in the EU, EU law superceded UK law, undermining parliamentary sovereignty.

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6
Q

What are the examples of statute law?

A

Representation of the people act, lowering voting age, Human rights act 1998.

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7
Q

What is common law?

A

Laws which are passed down by legal judgement or judicial precedence.

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8
Q

How does common law impact the constitution?

A

There wasn’t a law that made murder illegal until it was officially made illegal through common law, which first established precedence.

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9
Q

What is Royal prerogative?

A

The powers which are exercised in the name of the crown - from the power to dissolve parliament, and issuing UK passports.

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10
Q

Why is the Royal prerogative not as important now?

A

The monarch grants these powers to the prime minister.

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11
Q

What are conventions?

A

Parts of the constitution which aren’t written down, but are generally agreed, and have always happened.

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12
Q

Why can conventions be dangerous?

A

Prime ministers can choose to ignore conventions as they’re not legally binding.

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13
Q

What is an example of a PM breaking convention?

A

Rishi Sunak not taking a vote on military action in the Red sea.

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14
Q

What are works of authority?

A

The least visible sources of the constitution, comprising of books and documents dealing with areas such as parliamentary privilege.

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15
Q

What is EU law?

A

Law published by the EU, which superceded parliament.

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16
Q

What is a codified constitution?

A

One where the rights and rules which govern the state are stated in a document. Rules can be amended, but it’s difficult.

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17
Q

What is an uncodified constitution?

A

One which has no singular document where rights and rules of the land can be found, and are found in a range of places.

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18
Q

What are the positives of codified constitutions?

A

Provides a clear, legal framework, removes an ‘elected dictatorship,’ where a government uses its’ majority in parliament to do whatever it wants.

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19
Q

What are the negatives of codified constitutions?

A

Difficult to amend, inflexible, can make it stuck in the current time period, not open to interpretation, reduces parliamentary sovereignty.

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20
Q

What are the positives of uncodified constitutions?

A

Democratic, it fits the current time period. Allows successive generations to influence the constitution.

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21
Q

What are the negatives of uncodified constitutions?

A

Rights aren’t well protected, as no parliament can bind it’s successor, uncertainty, can lead to disparities.

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22
Q

What are the principles which underpin the UK constitution?

A

Parliamentary sovereignty, Rule of law.

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23
Q

What is parliamentary sovereignty?

A

The doctrine that parliament has absolute legal authority within the state, enjoying legislative supremacy.

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24
Q

What has happened since 1997?

A

Devolution has taken place across devolved nations.

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25
What is legal theory?
The basis for the rules made by parliament, the theory of the way decisions should be made.
26
What is Political Reality?
No institution has absolute power to do everything it wants.
27
What are the 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. General principles of the constitution result from common law, not statute law.
28
What are the examples of rule of law not being followed?
Partygate, Prince Andrew, Post office scandal.
29
What are the unitary aspects of the UK constitution?
Highly centralised, political power is concentrated at the centre, central government has ultimate authority, parliamentary sovereignty.
30
What are the Union aspects of the UK constitution?
Components have come together through a union of crowns, high degree of administration, power is concentrated at the centre, but some other components have power.
31
What are the federal aspects of the UK constitution?
The constitution divides decision making between regional and national tiers of government, Tiers of government are protected by the constitution, regions have a distinctive political and cultural identity.
32
What are the aspects of parliament under a constitutional monarchy?
Government ministers are accountable to parliament, legally accountable to the crown, Gov face the verdict of the electorate every 5 years, governments rely on their majorities to enact legislation in parliament, HOC has overtaken HOL, as the predominantly legislative chamber.
33
What are the strength of the UK constitution?
Adaptability, Strong government, Accountability.
34
Why is adaptability a strength of the UK constitution?
It's not all in one place, so decisions can be taken more easily, as times change.
35
Why is strong government a strength of the UK constitution?
The government of the day can do what they want, as long as they have a strong majority.
36
Why is Accountability a strength of the UK constitution?
Elections are in the UK constitution, and you can vote out a government you don't like.
37
What are the weaknesses of the UK constitution?
Outdated and undemocratic, concentration of power, lack of clarity.
38
How is the UK constitution outdated?
The house of lords and the monarchy are unelected parts of the constitution.
39
Why is concentration of power a weakness?
Parliamentary sovereignty means that parliament can take away devolved powers they give out.
40
How is lack of clarity a problem of the constitution?
It's unclear what is common law or statute law.
41
What have the key developments of the constitution been since 1215?
Magna Carta, Bill of Rights, Act of Settlement, Parliament Act, European Communities Act, Human Rights Act, Freedom of Information Act, Fixed Term parliament act.
42
What is the Magna Carta?
A royal charter which included limiting the power of the monarch, placing them under the rule of law.
43
What later documents did the Magna Carta influence?
The declaration of independence, universal declaration of human rights, European convention on human rights.
44
How was the Magna Carta unsuccessful?
It didn't ensure rights for ordinary people.
45
What is the Bill of Rights?
1689 - An act signed co rulers of England, which aimed to declare illegal practices of James II.
46
What did the Bill of Rights outline and ensure?
Outlined specific constitutional rights, and gave parliament power over the monarch. Ensured a protestant line of succession.
47
What happened as a result of the Bill of Rights?
Parliament has met every year since, but the bill doesn't cover the rights of ordinary people.
48
What is the Act of Settlement 1701?
Ensured a protestant line of succession, conferred line of succession on descendants of Sophia of Hanover.
49
What is the Parliament Act?
Reduced the power of the House of Lords, as the House of Lords has previously broken convention, causing a constitutional crisis.
50
What did the Parliament Act prevent?
Prevented the House of Lords from delaying money bills, and meant the unelected House of Lords could no longer frustrate the elected House of Commons.
51
What is the European Communities Act 1972?
Enabled the UK to join the EEC, meant all UK legislation had to be compliant with UK law.
52
What did the European Communities Act 1972 reduce?
Parliamentary Sovereignty.
53
What was the European Communities Act seen as?
The starting point of the UK's relationship with Europe.
54
Which policies did the European Communities Act have the biggest impact on?
Agriculture, Fishing and Trade.
55
What is the Human Rights Act 1998?
Granted every resident certain fundamental rights and freedoms. A consolidation of simpler laws set in the ECHR.
56
What were the main clauses of the Human Rights Act?
Seeking justice in a British court, if your rights are breached. Public bodies being forced to respect rights, new laws having to be compatible with human rights legislation.
57
What is the Freedom of Information Act 2000?
Gives the right to be told whether information is held, and the right to receive certain information. Doesn't give people access to their own personal data.
58
What is the Fixed Term parliament Act 2011?
Set in legislation a default fixed election date for general elections. An early election could be called if there is a vote of no confidence.
59
What is the Dissolution and calling of parliament Act 2022?
Repealed the fixed term parliament act.
60
What have been the constitutional changes since 1997?
Modernisation of political institutions, greater democracy in the political system, devolution, human rights.
61
What are the examples of Modernisation of Political institutions?
House of Lords Act, Constitutional Reform Act, House of Lords Reform Bill, Succession to the Crown Act, House of Lords Reform Act.
62
What did the House of Lords act 1999 do?
Removed all but 99 hereditary peers, and allowed the introduction of more nominated life peers.
63
What did the constitutional reform act 2005 do?
Created a supreme court, becoming the highest court in the land. Replaced the law lords, created more independence in the judicial system.
64
What did the Succession to the Crown Act 2013 do?
Enabled the eldest child of the monarch to ascend to the throne irrespective of gender, applying to children born after 2011.
65
What did the House of Lords reform act 2014 do?
Gave existing peers the right to resign or retire their seats, enabling the removal of peers convicted of serious offences.
66
What are the examples of greater democracy in the political system?
Referendums Act 1997, Greater London authority act 1999, European parliamentary elections act 1999, police, reform and social responsibility act 2011, AV referendum 2011.
67
What did the referendums act 1997 do?
Allowed referendums to be held in Scotland and Wales over the creation of devolved assemblies. It meant devolution could take place.
68
What did the Greater London authority Act 1999?
Allowed for setting up of a directly elected mayor for London. Contained provisions for mayors in other cities.
69
What did the European Parliamentary Elections act 1999 do?
Changed electoral system for European Parliament elections in England, Wales and Scotland, to a form of PR.
70
What did the Police, Reform and Social Responsibility Act 2011 do?
Allowed for direct election of police and crime commissioners.
71
What was the AV referendum?
A referendum on whether the UK should change to AV, but it was rejected.
72
What are the examples of Devolved legislature bodies?
Scotland Act, Wales Act, Northern Ireland Act 1998. Regional Referendum Act 2004.
73
What did the Scotland, Wales, Northern Ireland Act 1998 do?
Set up devolved parliaments in these countries. Further powers were transferred in subsequent acts, in Scotland and Wales in 2006, 2016 and 2017.
74
What was the regional referendum 2004?
The North east of England held a referendum to create an elected regional assembly - it was rejected.
75
What are the examples of Human rights legislation?
Human Rights Act 1998, Freedom of Information Act 2000, Equality Act 2010, Protection of Freedom Act 2012, Data Protection Act 2018.
76
What did the Equality Act 2010 do?
Brought together individual measures into a single act, combatting discrimination, promoting a fairer society.
77
What did the Freedom of Protection Act 2012 do?
Offered citizens greater protection from the state, by enhancing scrutiny of the security services, including MI5 and MI6.
78
What did the Data protection Act 2018 do?
Implemented GDPR, as all EU member states were obliged to implement regulations, placing focus on handling and saving of all personal data by government and private bodies.
79
How has modernisation of political institutions been successful?
The House of Lords is now smaller, more diverse, and less conservative dominated. The supreme court has enabled a clear separation of powers, between the judiciary and the executive. Gender equality has reached the royal family,
80
How has modernisation of political institutions failed?
House of Lords reform act is unfinished. The UK is the only western nation to have an unelected upper chamber. The supreme court has led to justices being unelected, and has undermined parliamentary sovereignty.
81
How has democratisation been successful?
Greater autonomy in large cities, attracting large political figures. Reform of EU parliament elections has enabled more parties to be represented, with more UKIP and green MP's. Directly elected PCC's have enhanced opportunities for political participation.
82
How has democratisation been a failure?
In other regions, mayors have been less successful, and some others rejected the idea. There is a lack of enthusiasm for reform of the voting system. The fixed term parliament act was easy to get around in 2017 and 2019.
83
How has human rights reform been successful?
More emphasis on legislation for human rights, privacy laws have enhanced rights, supreme court has increased protection of rights.
84
How has human rights reform failed?
The expansion of rights has led to the rise of identity politics, more powerful courts have led to controversy, many requests under the FOI act are declined.
85
How has devolution been successful?
Devolution has worked well in Scotland and wales, support for devolution has increased in referendums. A devolved parliament has stopped Scotland from becoming independent. Ended the troubles.
86
How has devolution failed?
Northern Ireland devolution has been suspended a number of times, support for devolution in England hasn't increased.
87
What are the ways the constitution could be reformed further?
Lowering voting age to 16, making voting compulsory, elected house of lords, reforming voting system, e-democracy, England devolution, Photo ID.
88
What are the ways in which the constitution protects rights?
Every parliamentary act declares itself as being compliant with the human rights act. Legislation provides legal protection for core rights, EU law provided additional protection.
89
What are the ways in which the constitution doesn't protect rights?
There isn't much political consensus between parties, Brexit has removed the safety net for certain rights, which EU law used to protect. Some government policy has violated international law.
90
What are the arguments for codification?
Would provide greater clarity, vagueness of tradition, rights would be more easily understood, enable local government to enjoy proper protection, conventions can be easily broken, one of three countries have a codified constitution.
91
What are the arguments against codification?
The current constitution encourages flexibility and adaptability, traditions of UK politics are about evolution, parliament wouldn't come to a consensus on the content of a codified constitution. Judges would hold greater power. Undermines parliamentary sovereignty.
92
What are individual rights?
Rights held by an individual citizen like the right to a fair trial.
93
What are collective rights?
The rights of a group such as a trade union or the population as a whole.
94
How can individual and collective rights be seen as conflicting?
Individuals have the right to follow a religion, but this may involve disapproval of others' rights, such a LGBT rights.

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