Definitions Flashcards

(18 cards)

1
Q

What is a constitution

A

A set of fundamental principles which a state or other organizations is to be governed by

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2
Q

What does a constitution ensure

A

Makes clear the right of citizens

Makes clear the powers and limits of government

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3
Q

2nd Amendment in the US

A

Allows weapons and guns

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4
Q

5th Amendment

A

“I plead the 5th”-the right to not say anything when questioned by a police

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5
Q

Uncodiefied

A

A system of government that does not have a single written document that outlines the fundamental principles and laws of the land.

E.g.the UK has an uncodified constitution as they require flexibility,adaptability rather than rigid laws

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6
Q

Codified constitution

A

A country fundamentals laws are all written down into a single document.
This provides certainty,clarity and a clear framework for the exercise of power

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7
Q

Bill of rights 1678

A

Fundamental documents of British constitutional law;designed to control the power of the monarch and establish certain civil and guarantee the liberties of citizens

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8
Q

Acts of union 1801

A

Legislative agreements uniting Great Britain ( England and Scotland) and Northern Ireland under the name of United Kingdom

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9
Q

What are statue laws

A

Passed by parliament (always have “act” )
Highest legal authority in the uk

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10
Q

Common law

A

Judge made laws, developed through courts and judicial rulings

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11
Q

Advantages and disadvantages of common law

A

Adv - flexible as judicial expertise helps create a nuance (well reasoned) legal principles that can adapt to new circumstances and societal changes in court

Dis - developed by unelected judges rather than elected lawmakers - can lead to concerns about democratic legitimacy ( uncertainty)

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12
Q

Landmark decisions

A

Big common laws that have changed the constitution

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13
Q

Advantages and disadvantages of landmark decisions

A

Adv - protects the rights of minorities against majority rule, ensuring justice for those who may not have the political power to influence legislation-upholding principles of equality

Dis- spark societal backlash if they go against established norms which can trigger resistance against judicial decisions

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14
Q

Authoritative works

A

Texts written by legal scholars that help clarify conventions/rules and principles of governance

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15
Q

Advantages and disadvantages of authoratative works

A

Adv- clarity / guidance -clear explanations of rules that may be unclear due to the UK’s unwritten constitution
( helps judges / public understand how GOV functions )

Dis- although they’re highly respected, not legally binding= uncertainty as they’re not obligated to follow the provided guidance

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16
Q

Treaties

A

Formal agreements between countries / international entities that are legally binding under international law.

17
Q

Advantages and disadvantages of treaties

A

Adv- promotes international cooperation, facilitating cooperation between nations on shared concerns. Promoting peace and achieve mutual benefits that would be hard to achieve individually

Dis- sovereignty concerns= requires countries to adhere to international standards + conflict w/ domestic laws= uncertainty

18
Q

Freedom of information act 2000

A

Allowed public to request and reveal information from the GOV that was concealed to ensure that the GOv was concealed as it might expose the MPs for milking the system (2008) scandal

Milking- abusing their own untouchable, supreme position by wasting the GOV’s money on luxurious restaurants and hotels