Constitution Flashcards
(25 cards)
What?
Rules for how country is governed.
How political power should he distributed in state e.g Federal in US( power divide between central government and regional institutions) unitary states in Uk (power in one place.)
Democratic
Government power limits.
No limits on parliament.
Parliamentary sovereignty.
What asserts citizens rights in relations to state and protects liberties of citizens.
Bill of Rights.
Magna Carta
1215
King John sign 63 clauses, barons put limit on monarchy powers.
Crown isn’t above law.
Bill of rights act
1689
Regular parliaments, free l elections, no tax without consent of parliament and parliament freedom of speech. ‘
Act of settlement
1701
Confirmed primacy of parliament over the crown; parliaments right to determine line of succession to throne.
Confirmedjudicial independence by a judge removed only in agreement of both Houses of Parliament.
Act of union
1707
Unite Scotland parliament with England and wales.
Created UK, although Scottish law independence was preserved.
Parliament acts
1911- Lords lost it right of veto.
Not able to amend financial bills e,g the Budget.
1949 Reduced lords right of delaying bills from 2 to 1 year.
Established democratic legitimacy of it by asserting primacy of commons over lords.
Devolution
1997
Result of referendums, Scotland and Wales established own gvmnt and legislatures.
Increased powers and stated only be abolished through referendums in each country.
Challenging unitary basis.
Brexit
2016
Referendum where public vote in favour of leaving EU, parliament enacted EU act 2020, restore British sovereignty and carry into uk law all former eu law.
Is it effective
Yes
-Adaptable- has stood the test of time, adapt to events like Covid without rigidity. A simple act of parliament to change it.
No
-Concentration of power in parliament.
-outdated
Democratisation
Intro of democratic system.
HOL replaced with Supreme Court.
(Electoral commission to regulate elections, referendums and party funding.)
Stronger protection of rights
(HRA- inclusion of echr from 2000.)
Judiciary appointed independent committee
Decentralisation
Transfer power to governments in Scotland, Wales, Northern Ireland.
English votes for English laws.
Modernisation
HOL replace with Supreme Court.
New electoral system for devolved bodies.
Historic
Magna Carta
Transition power from monarchy to parliamentary democracy.
Common law
E.g Prerogative powers of prime minister.
Law developed from historical usage and traditions.
Judges treat it as a rule of conduct that is well established and acknowledged by many.
Constitutional conventions
Salisbury convention- House of Lords should not block any legislation that appeared jn the governing party’s most recent election manifesto.
Unwritten rules which considered blinding by political community.
Statute law
Parliament act 1949, limitations to powers of House of Lords.
The body of law passed by parliament
As only require a simple majority in parliament, make constitution more flexible + easy to change.
All statutes look alike and have the same status as parliament is sovereign snd can amend/ appeal any statute.
Authoritative works
Rule of law( all equal under law)
Key historical principles established in guidebooks and written works.
Treaties
Paris climate chnage accords 2015 UK commit to cut carbon emissions.
Binding international agreements and laws which should be honoured.
Unentrenched and entrenched
Entrenched- difficult to change.
Provisions for amendment.
Features
Un entrenched (easy)
un codified
unitary ( parliament has all the power)
rule of law
parliamentary sovereignty ( holds power than CANT be overruled)
Rule of law
Everyone must obey the law , right to a fair trail and know thier charges
