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Politics - Constitution Flashcards

0
Q

when was the Bill of Rights made and what was its purpose

A
  • 1689

- transferred power from the king to Parliament in the aftermath of the glorious revolution

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1
Q

when was the Bill of Rights made and what was its purpose

A
  • 1689

- transferred power from the king to Parliament in the aftermath of the glorious revolution

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3
Q

Source of the Constitution

Statute Law

A
  • Statute laws are made by Parliament
  • Called Acts of Parliament
  • The principle of Parliamentary sovereignty means that Statutes outrank all other sources of the constitution such as common law
  • Will always prevail over common law or conventions if there are conflicts because the people elected the government therefore its more democratic and legitimate (through the principle of parliamentary sovereignty)
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4
Q

Parliament Acts

A

1911, 1949

- limited the powers of the House of Lords

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5
Q

European Community Act

A

1972

- authorised the UK’s membership of the EC

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6
Q

Scotland Act

A

1998

- established Scottish Parliament

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7
Q

Human Rights Act

A

1998

- translated the European Convention on Human Rights into statute law

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8
Q

Constitutional Reform Act

A

2005

- provided for a Supreme Court to take over the role of the Lords

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9
Q

Source of the Constitution

Common Law

A
  • laws that are based on tradition, custom and precedent
  • long established practices that have come to acquire legal status
  • the body of the common law has largely been created and refined by the courts on a case-by-case basis.
  • ‘judge made’ law
  • fluid way in which judges interpret the law using their knowledge of legal precedent and common sense and by applying the facts of the case they are hearing to those prior decisions.
  • e.g. Royal Prerogative and Traditional Rights and Freedoms - ‘everything is permitted if its not prohibited’
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10
Q

Source of the Constitution

Conventions

A
  • are the key unwritten element within the constitution
  • largely based on tradition
  • once put into practice, they assume historical authority
  • they are upheld largely by political practice
  • have been given power by the length of time they have been observed
    e. g. the exercise of the Crown powers, the appointment of the prime minister
  • conventions can be created e.g. in 2007 Gordon Brown announced that in the future the UK would never declare war without Parliament having debated the issue beforehand
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11
Q

ministerial responsibility

A

defines the relationship between ministers and their department, and grounds on which ministers should resign

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12
Q

collective responsibility

A

defines the relationship between ministers and the cabinet, government and parliament, determines when government should resign if they lose confidence over the House of Commons

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13
Q

Source of the Constitution

EU Laws and Treaties

A
  • takes precedent over EU law
  • UK became subject to the body of European laws and treaties when joining the EC in 1873
  • European bodies have grown in importance
  • EC transformed to EU in 1993
  • higher status of European Law over statute law has gradually become more recognised
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14
Q

Example of EU law

A

Single European Act 1986 - established a single market within the EC, ensuring the free movement of goods, services and capital.

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15
Q

Criticisms of the UK constitution

A
  • elective dictatorship
  • weak protection of rights
  • uncertainty
  • centralisation
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16
Q

Strengths of the UK constitution

A
  • flexibility
  • democratic rule
  • history and tradition
  • effective government
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17
Q

Principle of Constitution

Parliamentary Sovereignty

A
  • Has absolute power to make, unmake and amend laws therefore has the ability to shape the constitution, under LEGAL sovereignty
  • defines location of sovereignty
    BUT…
  • doesn’t always have political sovereignty to do so, because of powerful pressure groups, the electorate, trading parties (e.g. EU, US)
  • shift to POPULAR sovereignty through wider use of referendums, established citizen’s right (HRA) and devolved assemblies
  • parliament may no longer be legally sovereign due to membership in EU and devolved assemblies establishes ‘quasi-federalism’ in the UK through devolved assemblies and the reluctance to reject decisions made by them
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18
Q

Principle of Constitution

Rule of Law

A
  • traditionally been seen as an alternative to a codified constitution
  • In the absence of higher law, the government is still subject to legal checks and constraints.
  • Government is not above the law
  • law should apply equally to all
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19
Q

Principle of Constitution

Parliamentary government

A
  • Fusion of powers between the executive and Parliament
  • Government and Parliament are two interlocking institutions whereby government governs in and through Parliament.
    BUT…
  • the executive can use the sovereign power of government to its own ends, leading to the prospect of elective dictatorship
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20
Q

What is a constitution?

A

set of rules that..

  • seek to establish the duties, powers and function of various institutions in government
  • helps to establish the relationship between the state and the individual
  • check or constrain government (limited government)
  • rules that govern the government
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21
Q

codified constitution

A
  • enshrined in law
  • authoritative document (lays down core principles of system of government; binds all political institutions. Creates a two-tier legal system and constitutes higher law)
  • entrenched (difficult to mend/abolish)
  • judiciable (all political bodies are subject to the authority of the courts)
  • may include a statement of citizen’s rights and freedoms (possibly in the form of a bill or rights)
  • nearly all liberal democracies have a codified constitution
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22
Q

uncodified constitution

A
  • made up of customs and traditions
  • not authoritative (single-tier legal systems with no form of higher law - laws enjoy the same status as ordinary laws)
  • not entrenched (easily changed through enacting statute law, in UK through the principle of parliamentary sovereignty)
  • not judiciable (absence of higher law, judges don’t have legal standards to decide whether something is constitutional or unconstitutional)
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23
Q

unitary and federal constitution

A

the UK can be seen as unitary as sovereignty is concentrated in central parliament (one body) however through devolved assemblies, power has been dispersed (though they don’t share equal power than parliament has) making the UK ‘quasi-federal’

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24
Q

Strength - Flexibility

A
  • easy to change
  • this occurs because of the importance of statue law
  • easier to introduce an Act of Parliament than to amend because UK constitution is not entrenched
  • remains relevant and up-to-date
  • can adapt to the changing political and social circumstances
    e. g. devolution was due to the rising nationalism in Scotland and Wales
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25
Q

Strength - Democratic Rule

A
  • the UK has upheld democratic rule due to importance of parliamentary sovereignty
  • changes come about due to democratic pressure as the constitutional authority is vested in the House of Commons.
  • democratic character of the UK constitution is also maintained but he fact that the influence of unelected judges is kept to a minimum unlike the US
    e. g. powers of the house of lords were reduced because people didn’t think they had the right to block policies as an unelected second chamber
    e. g. pressure for social and economic changes in the 19th century led to the extension of the franchise
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26
Q

Strength - Effective Government

A
  • strengthens governments and makes them more effective
  • decisions made by government that are backed by parliament cannot be overturned by the judiciary
  • government gets their way in parliament
  • power of the executive allows governments to take strong and decisive action e.g. Thatcher introduced privatisation, deregulated the economy and started to reform the welfare state
  • another EXAMPLE would include the Atlee governments of 1945-51 which set up the NHS, introduced comprehensive national insurance and nationalised a wide range of industries
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27
Q

Strength - History and Tradition

A
  • links present generations to past generations as it’s based on traditions and customs
  • because of the role of conventions and common laws, the constitution has been allowed to develop over time making it ‘organic’ - contrary to countries with codified constitutions which are essentially ‘created’.
  • constitutional rules have been ‘tested over time’ based on customs and traditions and have shown to work
  • they gain historical authority
  • this can be most clearly shown in relation to the ‘dignified’ aspects of the constitution, such as the monarchy and the House of Lords
28
Q

Weakness - Uncertainty

A
  • difficult to know what the constitution says as it is unwritten
  • constitution is made up as we go along
  • E.G the convention of ministerial responsibility requires that ministers are responsible for blunders made by their departments. But does this mean that they should resign when civil servants makes mistakes or only when mistakes are made by the minster?
29
Q

Weakness - Elective Dictatorship

A
  • once elected a government can more or less do what they want due to the fact that the government dominates parliament
  • this allows them to shape and re-shape the constitution
  • this means that governments may become oppressive and tyrannical.
  • due to the fact that power is concentrated in the executive
  • the term ‘elective dictatorship’ was coined by Lord Hailsham, a Lord Chancellor under Thatcher, in 1976
30
Q

Weakness - Centralisation

A
  • overcentralized system of government
  • weak or ineffective checks and balances
  • UK has a concentration of power rather than a fragmentation of power, despite being a liberal democracy
  • E.G. PM dominates the cabinet, House of Commons dominate the Lords, executive dominates parliament
    BUT this problem has been addressed since 1997 by devolution (dispersal of power)
  • Many still argue however that devolution hasn’t gone far enough
31
Q

Weakness - Weak protection of rights

A
  • consequence of elective dictatorship
  • apart from elections, the government cannot be forced to protect individual rights
  • elections tend to empower majorities rather than minorities or individuals
  • problem also arises from the traditional unwillingness to write individual rights down
    BUT the Human Rights Act (1998) has helped to define citizens rights, and making it easier to defend rights in courts
    However, it stops well short of being an entrenched bill of rights as its provisions could be set aside by Parliament, as has occurred, for instance, over terrorism legislation.
32
Q

what attempt to reform the constitution were made under labour governments between 1960s and 1970s?

A
  • abolish and replace House of Lords (1968)

- devolution to Scotland and Wales (1978)

33
Q

Why was New Labour keen on constitutional reform?

A
  • Eighteen years in opposition made Labour think like a third party.
  • Believed that the only way back into power would be through a coalition with the Liberal Democrats who were pro reform.
  • desired to strengthen checks and balances after the radical reforms of the Thatcher period
  • bolster Labour’s position in Scotland through granting them devolution and to end Conservative control on the House of Lords
34
Q

What were some of the reforms that were made under New Labour?

A
  • Human Rights Act (1998)
  • PR electoral systems to be used in newly established bodies
  • devolution to Ireland (1998)
  • devloution to Scotland and Wales (1999)
  • removal of all but 92 hereditary peers (2000 - stage one)
  • referendums were held to approve the creation of each of the new government bodies
35
Q

What did these reforms mean in terms of more reforms?

A
  • encourged devolved assemblies to attain greater independency e.g. Scottish independence referendum on 18 september 2014 and Wales demanding for same powers as Scottish Parliament
  • make more radical reforms
  • move to ‘stage two’ of House of Lords reform (an alternative second chamber)
36
Q

What were the problems once New Labour were in government?

A
  • enthusiasm for constitutional reform weakened due to the landslide victory
  • they dropped the AV referendum promise
  • stage two of House of Lords reforms was put aside.
  • constitutional reform proposals did not address central problems e.g. elective dictatorship.
  • didn’t mention the idea of having a codified constitution or an entrenched bill of rights.
37
Q

What did Gordon Brown propose?

A
  • wanted to limit the powers of the prime minister; requiring the approval of parliament to use prerogative powers
  • completing the transfer of power from the monarchy to parliament
  • also made longer term proposals to have debates and consultations on a codified constitution and an entrenched bill of rights.
    BUT there was a lack of progress shows how debate isn’t translated into change
38
Q

Reforms under the coalition:

Electoral Reform

A

Liberal Democrats wanted to introduce STV for electing member of the House of Commons however Conservatives preffered the FPTP stystem (possibly because it favours their party)

39
Q

Reforms under the coalition:

House of Lords

A

Both parties wanted to make the House of Lords electable which was addressed in both of their manifestos
BUT…many conservatives thought that an elected House of Lords could create a potential rival for the House of Commons

The fact that it took a while for Clegg to bring about the proposals for Lords reforms outlines how difficult it is to make major changes like these, especially in a coalition as there is a divergence of views

40
Q

Reforms under the coalition:

Bill of Rights

A
  • Conservatives wanted to relpace the HRA with a Bill of Rights which would niether enjoy a quasi-entrenched status of HRA nor a direct association with the European Convention on Human Rights
  • Liberal Democrats on the other hand wanted to create a bill of rights which would be fully entrenched in order to constrain parliament.
41
Q

Reforms under the coalition:

Devolution

A

both Conservative and Lib Dems could both accept devolution and propsed a referendum for further devolution to Wales, as they didn’t see it as a threat to the unity of the UK.

42
Q

Reasons why the UK should have a codified constitution

A
  • Clear rules: collected together in a single authoritative document, less confusion as rules are more defined, and greater certainty can be enforced
  • Limited government: would provide a solution to the problem to elective dictatorship by ending parliamentary sovereignty
    A codified constitution requires higher law. therefore this would clear the chances of government interference
  • Education and citizenship: with clear rules set out, this can help to inform the public of central values and can help strengthen political identity in a growing multicultural society
  • Protecting rights: a codified constitution would protect individual liberty and would define the relationship between the state and the citizens, possibly through a bill of rights. Rights would be more clearly defined and easier to enforce
43
Q

Reasons why the UK shouldn’t have a codified constitution

A
  • Rigidity: a codified constitution would be more rigid as higher law is more difficult to change than statute law. could become outdated in an ever changing political environment.
  • Unnecessary: a written constitution may not be needed to limit powers of the government. this could be done through strengthening checks and balances to improve democracy.
  • Political Bias: a written constitution would inevitably be biased towards one set of values than the other and this could cause more conflicts than resolutions.
  • Legalistic: Codified constitutions are legalistic documents, created by people at one point in time. They are often dry and only properly understood by lawyers and judges. Unwritten constitutions have been endorsed by history and so have an organic matter.
44
Q

US constitution

A

1787 (solution to the rule of absolute monarchs)

45
Q

French Declaration of the Rights of Man and the Citizen

A

1789 (solution to the rule of absolute monarchs)

46
Q

Whats the most significant source of the constitution?

A

Statute Law

47
Q

CC

authoritative document:

A
  • it constitutes higher law (highest law of the land)
  • binds all political institutions
  • gives rise to a two-tier legal system
  • constitution stands above statue law made by the legislature
48
Q

CC

entrenched:

A
  • provisions are entrenched
  • makes it difficult to amend of abolish
  • changing the constitution or making one for the matter must be more complex
49
Q

CC

judiciable:

A
  • all political bodies are subject to the authority of the courts, in particular a supreme or constitutional court
50
Q

What is a unitary constitution?

A
  • establishes constitutional supremacy of central government over provincial or local bodies
  • power is vested in the national legislature; it can create or abolish, strengthen or weaken all other institutions
  • EXAMPLE would include the UK
51
Q

What is a federal constitution?

A
  • divided sovereignty between two levels of government: central and regional government
  • each possess powers which the other cannot encroach on
  • EXAMPLE would include US
  • EXAMPLE would include UK can be seen as a quasi-federal structure through its devolved assemblies
52
Q

Why isn’t there a relationship between codified constitutions and rigidity and uncodified constitutions and flexibility?

A
  • CC can exhibit a surprising degree of flexibility, it can occur through process of judicial interpretation E.G the US constitution means whatever the justices of the Supreme Court say it means
  • some aspects of UK’s UC have remained resistant to change E.G the principle of parliamentary sovereignty and the constitutional monarch which date back to the 17th century
53
Q

When was the UK constitution widely admired and why were issues raised?

A
  • 1970s
  • onset recession, membership of the EC, clashes between government and unions and the rise of Scottish and Welsh nationalism
54
Q

House of Lords Act

A

1999 (excluded all but 92 hereditary peers)

55
Q

Freedom of Information Act

A

2000 (gave citizens a legal right of access to government information)

56
Q

Government of Wales Act

A

1998 established Welsh Assembly

57
Q

Source of the Constitution

Works of constitutional authority

A
  • the need to consult works by authors who are considered to be authorities on constitutional issues
  • these works help to define what is constitutionally proper or correct
  • these works are needed because there are many gaps and confusions within the workings of the UK constitution
  • BUT they lack legal authority
58
Q

Walter Bagehot’s ‘The English Constitution)

A
  • 1867

- provides classic definition of the role of the primer minister and the principle of cabinet government

59
Q

A. V. Dicey’s ‘An Introduction to the study of the Law of the Constitution

A
  • 1885

- defines the ‘twin pillars’ of the constitution: parliamentary sovereignty and the rule of law

60
Q

EU laws and treaties [3]

A
  • Single European Act 1986: established a single market within the EC ensuring the free movement of goods, services and capital
  • Treaty of Lisbon 2009: introduced new decision making arrangements within the union
  • Factortame case 1990: merchant shipping act 1988 restricted the rights of foreign owned ships to fish in british waters but this conflicted with EU laws
61
Q

Principle of Constitution

Constitutional Monarchy

A
  • although the monarchy lost its absolute power long ago it still remains a constitutionally significant body in the UK.
  • Bagehot suggested that the role of the monarchy was to promote popular allegiance, to serve as a symbol of political unity above the ‘rough and tumble’ of conventional party politics
    the monarch has the right to: be informed, consulted, to warn and to encourage
62
Q

Principle of Constitution

EU membership

A
  • sovereignty within the UK is now best understood as ‘parliamentary sovereignty within the context of the EU membership’
  • EU law is higher than statute law e.g. the Factortame case 1991
  • some EU bodies have supranational power e.g. EU bodies can impose their will on member states regardless of the stance taken by national legislatures. Parliament can’t ignore directives that are issued by the commission.
63
Q

John Griffiths quote

A

1997 - the constitution is ‘what happens’

64
Q

Prerogative powers include:

A
  • declare war
  • call a general election (ended under coalition 2010)
  • ratify international treaties
  • choose bishops
  • appoint senior judges
  • set rules governing the civil service
65
Q

sources of the constitution

A
  • statute law
  • common law
  • convention
  • works of constitutional authority
  • european law and treaties
66
Q

principles of the constitution

A
  • parliamentary sovereignty
  • parliamentary government
  • rule of law
  • constitutional monarchy
  • EU membership

Politics Consitution (1 decks)

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