Constitution and Judiciary Key Terms Flashcards

(42 cards)

1
Q

Constitution

A

A body of fundamental principles according to which a state or other organisation is acknowledged to be governed

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2
Q

Federal

A

Having or relating to a system of government in which several states form a unity but remain independent in internal affairs

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3
Q

Unitary

A

A sovereign state governed as a single entity. The central government is supreme, and the administrative division exercise only powers that the central government has delegated to them

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4
Q

Rigid Constituion

A

A Constitution in which laws, civil rights and responsibilities are very different to change.

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5
Q

Flexible Constitution

A

A Constitution in which laws, civil rights and responsibilities can change to meet the needs of the country

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6
Q

Bill of Rights

A

A formal declaration of the legal and civil rights of the citizens of any state/country/federation etc.

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7
Q

Codified constitution

A

A constitution written in one single document, often following a civil war or revolution

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8
Q

Uncodified constitution

A

A constitution which is not written in one single document

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9
Q

Written constitution

A

An informal term used to describe codified constitutions

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10
Q

Unwritten constitution

A

A informal term used to describe uncodified constitutions, but the term gives a false impression that it is not written down. Instead uncodified constitutions are written down in many different sources.

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11
Q

Executive

A

The Prime Minister and his/her Cabinet, the main decision making body, comprised of the party with the overall majority (or two parties in a coalition)

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12
Q

Legislature

A

The term given to MPs in Parliament who vote in favour or against laws. The law-making body in the UK.

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13
Q

Separation of powers

A

In the USA the executive and legislative groups are differet/separated

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14
Q

Fusion of powers

A

In the UK the executive members are also legislative members, allowing a ‘fusion’ of the decision making and law making process

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15
Q

Parliamentary sovereignty

A

The absolute and unlimited authority of Parliament which can, in theory, make, repeal, or amend any law

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16
Q

Rule of law

A

The restriction of the arbitary exercise of power by subordinating it to well-defined and established laws

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17
Q

Royal prerogative

A

The right of the sovereign, which in British law is theoretically subject to no restriction

18
Q

Conventions

A

A way in which something is usually done, an agreement between groups covering particular matters, especially one less formal than a treaty

19
Q

Common law

A

Rules evolved over time

20
Q

Elective dictatorship

A

Executive power is increased and parliament power is decreased

21
Q

Royal assent

A

When the queen signs with royal approval

22
Q

Factortame case

A

Parliamentary sovereignty challenged by EU law

23
Q

Quango

A

Publicly funded bodies operate away from government

24
Q

Charter 88

A

Pressure group for reform

25
Judiciary
Interprets and applies law
26
Human rights act 1998
Most significant constitutional reform instated
27
Constitutional Reform Act 2005
Separated judiciary from the other two branches of government
28
The Supreme Court
Final court of appeal
29
Judicial Appointments Commission
Panel of lawyers who appoint law lords, independent from politics
30
Secretary of State for Justice and Lord Chancellor
Appointed by the Queen (advised by PM), ensures judiciary and Parliament remain separate
31
Lord Chief Justice
Overall head of the judiciary
32
Judicial Independence
When the judiciary are completely separate from the executive and legislative
33
The Bar
Lawyers who are qualified as barristers belong to it
34
Judicial activism
When judges make sure legislatures aren't being unconstitutional
35
Kilmuir guidelines
Restrict freedom of judges to speak out
36
Judicial neutrality
Ensuring that the judiciary is free from bias
37
Judicial review
Power of courts to overturn unconstitutional laws
38
Politicisation of the judiciary
Ensuring the judiciary has no links/ties with legislature etc.
39
The European Convention
Setting out of the Human Rights Act
40
The European Court of Human Rights
Influencial in setting out perimeters of HRA 1998
41
Judicial precedent
Act of a judge setting a precedent in legal cases in the absence of a single applicable law
42
Constitution
Rules by which a country is governed