Constitution Flashcards
(105 cards)
1
Q
What percentage of people felt they had too little influence over how the UK was governed?
A
77%
2
Q
What opportunities exist for enhancing citizen engagement in UK governance?
A
Enhanced Digital engagement, creating citizens assemblies to focus on major policy changes.
3
Q
What is the effect of codified constitutions on state and complexity?
A
They simplify governing procedures.
4
Q
What can be changed by a simple Act of Parliament?
A
Anything, e.g., the Human Rights Act 1998.
5
Q
What did the Human Rights Act 1998 do?
A
It enshrined the European Convention on Human Rights into British law.
6
Q
What has been a consequence of the lack of codified clarity in times of crisis?
A
Legal abuses may occur due to a lack of accountability.
7
Q
What is delegated legislation?
A
Legislation that does not provide effective oversight of changes in certain areas.
8
Q
What is the focus of the Constitutional Law Matters project?
A
To evaluate whether the UK constitution is still fit for purpose.
9
Q
How has the British constitution proven to be resilient?
A
It has been adaptable over time.
10
Q
What historical period displayed remarkable continuity in England’s political development?
A
Medieval restoration.
11
Q
What does the UK-wide referendum on new electoral systems aim to address?
A
Parliamentary elections and alternative vote systems.
12
Q
What was the purpose of the Fixed-term Parliament Act?
A
To limit the power of the Prime Minister.
13
Q
What was the commitment of the Conservative government in 2015 regarding constitutional means?
A
They were not committed to constitutional means and instead focused on a EU referendum.
14
Q
When was the British constitution effectively established?
A
Up to 1997.
15
Q
What event in 1976 advanced constitutional change?
A
Electoral dictatorship.
16
Q
What was the outcome of the 1997 commission?
A
No clear constitutional changes were proposed.
17
Q
What type of constitution does the UK have?
A
Uncodified constitution
The UK constitution is not written in a single document but consists of various statutes, conventions, and legal precedents.
18
Q
What are conventions in the context of the British constitution?
A
Unwritten rules and procedures concerning Parliament
Conventions facilitate the smooth running of the constitution and can lead to problems if broken.
19
Q
What does it mean when conventions are broken?
A
It can lead to problems and deadlock
This indicates a potential crisis in governance.
20
Q
What was the commitment of the 1997 election manifesto?
A
To put the commission’s recommendations to the people in a referendum
This reflects a democratic approach to constitutional change.
21
Q
Who is A.V. Dicey?
A
A 19th-century political thinker
He referred to parliamentary sovereignty and the rule of law as the ‘twin pillars’ of the British constitution.
22
Q
What is parliamentary sovereignty?
A
The principle that Parliament is the supreme legal authority
This means it can create or end any law, and no Parliament can bind a future Parliament.
23
Q
What is the rule of law?
A
The principle that the law is applied equally to everyone, including the government
This ensures fairness and accountability within the legal system.
24
Q
What does the term ‘executive’ refer to in the context of the British constitution?
A
The branch of government responsible for implementing laws
In the UK, the executive carries out laws passed by Parliament.
25
What is the amendment procedure for the British constitution?
Any law can be changed or added by Parliament
## Footnote
There is no clear amendment procedure, making it flexible but potentially chaotic.
26
What is meant by 'legal authority' in the context of Parliament?
The power to create or change laws
## Footnote
This authority is derived from the constitution and is fundamental to governance.
27
Fill in the blank: The British constitution is primarily concerned with _______.
Parliament
## Footnote
This reflects the central role of Parliament in the UK's system of governance.
28
What is the nature of the British Constitution?
It is uncodified
29
What type of power structure does the British Constitution have?
It is unary, with most power at the center - Westminster Parliament
30
How does the British Constitution contrast with the United States and Germany?
USA and Germany have federal systems
31
What is a notable characteristic of the British Constitution?
It is characterized by Parliamentary Sovereignty
32
What does Parliamentary Sovereignty entail?
Parliament is the ultimate authority; no parliament can bind its successor
33
What does it mean when it is said that 'whatever decisions parliament makes have supremacy over UK law'?
Parliament can make or unmake any law
34
Fill in the blank: The principle of the British constitution that makes parliament the ultimate authority is called _______.
Parliamentary Sovereignty
35
True or False: The British Constitution is a federal system.
False
36
What is a consequence of Parliamentary Sovereignty?
Parliament acts on behalf of the people
37
Fill in the blank: The British Constitution is characterized by _______ sovereignty.
Parliamentary
38
What does it imply when it is said 'No parliament can bind its successor'?
Each parliament has the authority to change laws made by previous parliaments
39
What does the UK Constitution stand for?
Key principles include:
* Parliamentary Sovereignty
* Rule of Law
* A Unitary State
## Footnote
The UK Constitution serves as the framework for governance in the UK, outlining the powers and responsibilities of various entities within the state.
40
What is Parliamentary Sovereignty?
It is the principle that the Westminster Parliament is the supreme law-making body and can legislate on any subject of its choosing.
## Footnote
This principle means that legislation cannot be overturned by any higher authority and that no parliament can bind its successors.
41
What is the Rule of Law?
The Rule of Law ensures that state action is limited and responsible, with three main strands:
* No one can be punished without a trial
* No one is above the law
* General principles of the constitution are protected by judge-made common law
## Footnote
This principle guarantees equality under the law and accountability for public officials.
42
What does it mean for the UK Constitution to be a Unitary State?
It means that power resides primarily in Westminster, despite the UK being made up of England, Ireland, Scotland, and Wales.
## Footnote
Unlike federal constitutions, which distribute power between central and regional bodies, a unitary constitution centralizes authority.
43
What are some historical documents that have shaped the UK Constitution?
Key historical documents include:
* Magna Carta 1215
* The Bill of Rights 1689
* Act of Union 1707
* Anglo-Irish Treaty 1921
## Footnote
These documents established principles such as taxation consent and the right to a trial by jury.
44
What does the Magna Carta 1215 state?
It states that the King cannot raise tax without the consent of the people and that justice has to be fair and free.
## Footnote
It also allowed nobles to select a committee to scrutinize the King's actions.
45
What is established by the Bill of Rights 1689?
Only Parliament can create or suspend laws, and raising taxation without Parliament's consent was made illegal.
## Footnote
This document is crucial in limiting the powers of the monarchy.
46
What did the Act of Union 1707 establish?
It established that England had jurisdiction over Scotland and dissolved the Scottish Parliament, creating a unified parliament in Westminster.
## Footnote
This act was significant in shaping the political landscape of the UK.
47
What are the Parliamentary Acts of 1911 and 1949?
Key changes included:
* 1911: House of Commons had control of all money bills
* 1911: Lords limited to delaying bills for 2 years
* 1949: Further weakened the powers of the House of Lords
## Footnote
These acts reflect the evolving power dynamics between the Houses of Parliament.
48
What is the relationship between government and Parliament under a constitutional monarchy?
Government ministers are politically accountable to Parliament and legally accountable to the Crown.
## Footnote
Although the monarch retains formal powers, these are restrained by Parliament.
49
True or False: The House of Commons is more powerful than the House of Lords.
True
## Footnote
This shift in power dynamics has occurred over time, particularly after the Parliamentary Acts.
50
Fill in the blank: An election must be held every _______.
5 years
## Footnote
This rule is part of the principles governing the conduct of Parliament.
51
What is the term for laws created by judges?
Judical precedence
## Footnote
Also referred to as judge-made law.
52
What significant legal change occurred in 1965 regarding capital punishment?
Abolition of the death penalty
## Footnote
This change indicates that murder laws do not specify capital punishment.
53
Who exercises formal powers of the monarch in the UK?
PM + Cabinet
## Footnote
These powers include the dissolution and prorogation of Parliament.
54
What is the process by which the monarch appoints a Prime Minister?
Monarch nintes kader of biggest party
## Footnote
This appointment is crucial for forming a government.
55
What is required for legislation to become law after being passed by Parliament?
Royal Assent
## Footnote
This is the formal approval by the monarch.
56
What document outlines the internal rules and procedures of the UK government?
Cabinet manual
## Footnote
It serves as a guide to laws, conventions, and operations of government.
57
What are the main sources of the British Constitution?
Acts of Parliament, Common Law, Judicial Precedence, Authoritative Opinions, and International Agreements
## Footnote
These elements collectively form the constitutional framework.
58
Fill in the blank: The convention that aids the smooth running of Parliament is known as _______.
Salably Addisem Convention 1945
## Footnote
This convention was established to ensure orderly parliamentary procedures.
59
What is the role of the House of Lords in the UK Parliament?
To review legislation and provide expertise
## Footnote
It acts as a revising chamber for laws passed by the House of Commons.
60
True or False: The British Constitution is a single written document.
False
## Footnote
The British Constitution is uncodified and consists of various sources.
61
What is a Royal Provocation?
A mechanism to ensure the monarch's powers are exercised appropriately
## Footnote
This relates to the formal powers of the monarchy in governance.
62
What was the significant proposal introduced at the 1994 Labour conference?
A proposal for constitutional change
## Footnote
The proposal was referred to as the 'Biggest change to democracy' since 1997.
63
What did the 1997 Referendums (Scotland) Act allow?
It allowed a referendum to be held in Scotland and Wales regarding the creation of devolved assemblies
## Footnote
This was part of the broader devolution process initiated by the Labour government.
64
What is the Human Rights Act 1998?
An act that incorporated European law into UK law, enabling UK courts to consider the European Convention on Human Rights
## Footnote
It was a promise made by Tony Blair's government.
65
What change did the Succession to the Crown Act 2013 introduce?
It enabled the eldest child of the monarch to ascend to the throne, regardless of gender
## Footnote
This act removed the male preference in succession.
66
What is the Data Protection Act 2018?
An act that implemented GDPR requirements in the UK, ensuring all EU obligations were met
## Footnote
GDPR stands for General Data Protection Regulation.
67
What did the House of Lords Reform Act 2014 allow?
It granted existing peers the right to resign or retire from their seats in the House of Lords
## Footnote
This was part of ongoing reforms to the House of Lords.
68
What was the outcome of the 2004 regional referendum in the North East?
It was on the creation of an elected regional assembly, which was ultimately rejected
## Footnote
This indicated a lack of support for regional devolution in that area.
69
What did the House of Lords Act 1999 change?
It removed the automatic right of hereditary peers to sit in the House of Lords
## Footnote
It allowed for a limited number of hereditary peers to remain.
70
What was established by the Constitutional Reform Act 2005?
It created a separate Supreme Court, which replaced the Law Lords as the highest court
## Footnote
This was a significant change in the UK's judicial structure.
71
What was the purpose of the Freedom of Information Act 2000?
To grant public access to information held by public authorities
## Footnote
This act aimed to promote transparency in government operations.
72
What did the Police Reform and Social Responsibility Act 2011 do?
It altered the way police and crime commissioners are elected, introducing direct elections
## Footnote
This aimed to enhance accountability in policing.
73
What was proposed in the Bill 2012 regarding the House of Lords?
That a majority of the House of Lords should be elected, with 80% elected members and 20% appointed
## Footnote
This proposal was ultimately abandoned.
74
What protection does the Protection of Freedoms Act 2012 offer citizens?
Greater protection from the state by regulating the use of surveillance and data collection
## Footnote
It aimed to safeguard individual freedoms against state overreach.
75
What did the Fixed-term Parliaments Act 2011 require for early general elections?
It required the Prime Minister to secure support from at least 2/3 of MPs to call an early election
## Footnote
This act was reversed in 2019.
76
What are curt liberties based on?
The notion of citizenship
## Footnote
Curt liberties include freedom of speech, a free press, freedom of association, and freedom of religion.
77
What was the purpose of the Magna Carta?
To stop the King from abusing his people
## Footnote
It was an attempt by the land-owning barons.
78
What did the Human Rights Act 1998 accomplish?
Incorporated the European Convention on Human Rights into UK law
## Footnote
It established legal documentation of UK citizens' rights.
79
What is collective responsibility?
A breakdown of how government accountability is shared among members
## Footnote
Specific details of the breakdown were not provided.
80
What model is associated with Burkean principles?
Burkean / Trueber Model
## Footnote
This model relates to the concept of representation and governance.
81
What is an 'invate member bill'?
A type of legislation proposed by a member of parliament
## Footnote
Further details on the process were not included.
82
What is the Assisted Dying Bill associated with?
Controversies surrounding human rights
## Footnote
Its implications on individual rights have led to debates.
83
What does judicial review entail?
The checking (possible overturning) of actions of government
## Footnote
This process is more difficult in the UK than in the USA.
84
How does the judicial system in the USA differ from the UK regarding human rights?
Judges can easily check actions against human rights due to a codified constitution
## Footnote
This contrasts with the UK's approach to judicial review.
85
What role do judges play in protecting rights within the UK?
Judges are bound by the Human Rights Act (HRA)
## Footnote
They enable checks on Parliament's actions.
86
What did the New Labour government create that was accused of being a 'nanny state'?
Legislation that infringed on the rights of the individual
## Footnote
This legislation was a response to the terrorist attacks of the early 2000s.
87
What act did the Coalition replace the Terrorism Act with?
Protection of Freedoms Act
## Footnote
The Coalition aimed to reduce the 'nanny state' with this act.
88
What was the maximum length of time that those arrested could be held without charge under the Coalition's reforms?
14 days
## Footnote
The Coalition reduced the previous duration significantly.
89
What did the Coalition end regarding innocent individuals?
Storage of DNA of innocent people
## Footnote
This was part of their effort to reform surveillance practices.
90
What is the Regulation of Investigatory Powers Act 2000 commonly referred to as?
'Snoopers' charter'
## Footnote
This act regulates surveillance and access to electronic communications.
91
What powers does the Regulation of Investigatory Powers Act 2000 grant to public bodies?
It enables public bodies to:
* Demand access to communications in secret
* Conduct mass surveillance
* Require internet providers to fit surveillance equipment
* Demand keys to protected information
* Monitor internet activities
## Footnote
These powers raise concerns about privacy and human rights.
92
What was the initial pre-charge detention limit for terror suspects proposed by Tony Blair in 2005?
90 days
## Footnote
This proposal was rejected by MPs due to concerns over human rights.
93
What was the agreed pre-charge detention limit for terror suspects after the 2005 proposal?
28 days
## Footnote
This limit was established after the rejection of the 90-day proposal.
94
What did the Terrorism Act 2000 define?
What 'terrorism' meant
## Footnote
It also introduced a series of anti-terror measures.
95
What controversial power did the Terrorism Act 2000 give to the police?
'Stop and search' powers
## Footnote
Police could stop and search anyone, even without suspicion of a crime.
96
What did the European Court of Human Rights rule about the DNA retention under the Terrorism Act 2000?
It was ruled unlawful
## Footnote
Despite the ruling, the act was still enforced in the UK.
97
What did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) introduce?
Funding cuts to legal aid
## Footnote
This meant fewer people could access legal advice.
98
What new powers did the Investigatory Powers Act 2016 introduce?
Powers for targeted interception and bulk collection of communications data
## Footnote
It restated existing powers for British intelligence agencies and law enforcement.
99
What is the impact of Brexit on the European Human Rights Convention in UK law?
The European Human Rights Convention would no longer apply in UK law due to Brexit.
## Footnote
The UK is still committed to current Human Rights treaties and conventions internationally, including the ECHR.
100
What commitment regarding Human Rights is currently unguaranteed after Brexit?
The trade agreement lacks specificity on the commitment to Human Rights, with no guarantee it will continue in the future.
## Footnote
Questions remain about the rights of EU workers versus British workers.
101
What did the Conservative 2017 manifesto state regarding the Human Rights Act during Brexit?
The manifesto stated the party would not replace or repeal the HRA while Brexit was underway, but would consider 'our human rights legal framework' after leaving the EU.
## Footnote
This implies a potential future change once the Brexit process is completed.
102
What is Boris Johnson considering doing with the Human Rights Act post-Brexit?
Boris Johnson is considering removing the Human Rights Act altogether and replacing it with a British Bill of Rights.
## Footnote
This reflects a significant shift in the approach to Human Rights legislation in the UK.
103
What threat do Traveller communities claim their way of life is under?
Traveller communities suggest that their way of life is under threat due to new legislation.
## Footnote
The legislation includes a provision that could criminalize residing on land without permission.
104
What new criminal offence is introduced in section 4 of the Police, Crime, Sentencing and Courts bill?
Residing or intending to reside on land without the permission of the owner or occupier will become a new criminal offence.
## Footnote
This has raised concerns among Traveller communities.
105
What has been the reaction to the provisions regarding public protests in the Police, Crime, Sentencing and Courts Bill?
The provisions have been condemned as 'draconian' by experts across the political spectrum.
## Footnote
The bill will give police and the Home Secretary powers to shut down protests at will.
