Constitution Flashcards
(35 cards)
Functions of a constitution [7]
Establish distribution of power
Establish relationships between political institutions and individuals
Define and establish limits of government power
Specify rights of individual citizens and how they’re protected
Define nature of citizenship and how to obtain it
Establish territory under jurisdiction of government
Establish and describe process of amending constitution
Features of a codified constitution [5]
Written in a single document - single source
Constitutional law superior to all other law
Special arrangements exist to modify the constitution
Normally made during time of political change
Laws are entrenched
Features of an uncodified constitution [5]
Not written in a single document - has many sources
Constitutional law not superior to other law
Amending constitution has same process as normal law
Evolved over time and is flexible
Laws not entrenched
Meaning of sovereignty [4]
Ultimate power within a political system
Ultimate source of political power
Legal sovereignty - who has power to make laws theoretically
Political sovereignty - where power is located in reality
Differences between unitary and federal constitutions [2]
Unitary - legal sovereignty in one place.
Federal - distributed between central and regional bodies
Unitary - where powers aren’t assigned, they fall to the body with legal sovereignty
Federal - fall to regional institutions
6 sources of UK Constitution
Statute law Common law EU treaties Conventions Authoritative works Tradition
Example of statute law
1998 HRA
1998 Scotland Act
2017 European Union Act
Example of EU treaty
Lisbon 2007
Maastricht 1992
Example of Authoritative works
AV Dicey
O Donnell Cabinet
Example of convention
Salisbury convention
Collective cabinet responsibility
Example of common law
Prerogative rights
Main features of UK Constitution [6]
Uncodified - flexible Constitutional law not superior Parliament is sovereign Constitutional monarch as head of state Lack of separation of powers Unitary
Which administrations have quasi sovereignty?
Devolved assemblies
Who is sovereign at elections
The people
How has sovereignty changed since 1997? [5]
Transferred to devolved assemblies
Transferred to the EU
Increased use of referendums
Executive power and therefore sovereignty has increased
ECHR transferred sovereignty over civil liberties
Impact of the EU on UK Constitution? [7]
EU law superior to UK law
If there is conflict, EU law wins
UK courts must enforce EU law
Appeals first go to senior British courts, but can go further to ECJ
Sovereignty surrendered to EU over ares under its jurisdiction
Areas under EU jurisdiction are fishing, agriculture, trade
Sovereignty not lost permanently as the UK could leave the EU
What is pooled sovereignty?
The term used to describe how legal sovereignty in the EU is shared amongst all its members
Arguments in favour of codification [5]
Clarity Limits government Safeguards the constitution Rights Strong judiciability
Arguments against codification [5]
Flexibility Strong government Accountability Popular control Weak judiciability
Reforms under labour 1997 [7]
Devolution Elected mayors Human Rights Act Freedom of Infromation Act House of Lords reform Electoral reform Judicial reform
Why did Labour reform the constitution? [4]
Modernisation
Electoral advantage
Democratisation
Anti-Conservatism
Coalition constitutional proposals [5]
Electoral reform House of Lords reform Fixed term parliaments British bill of rights MP recall
Key Constitutional changes [7]
Government decentralised Rights better protected House of Lords now more effective Electoral systems more proportionate Judiciary more independent Fixed term parliaments make it fairer MP recall option makes them more accountable
Failed reforms and criticisms of constitutional reform [7]
UK weaker as a result of devolution
HRA causes conflict between judges and government
Parliamentary sovereignty means rights aren’t protected
Electoral reform failed
HoL still undemocratic
UK still needs a codified constitution
Executive too strong, parliament too weak
