The British Consitution Flashcards
(32 cards)
what is a constitution?
a constitution establishes the rules and principle which govern a country or organisation.
What is a national constitution?
a national constitution defines the fundamental political principles , structures, procedures, powers and duties which define and govern a country.
specifically a constitution sets out:
- the division of governmental activities
- the power relationship between various institutions eg the relationship between executive, judiciary and legislature.
- the limitations of power
functions of a constitution:
- provides legitimacy for those in power or at least gives the appearance of legitimacy.
- protects the freedoms of the people by limiting power.
- creating government stability through predictability in governmental arrangements
- outlines the goals and characteristics of a state
- creates a fresh start
written or unwritten/codified or uncodified
codified/written: all the main provisions are brought together in a single document.
uncodified/unwritten:all written down in separate documents/has not been brought together.
flexible or rigid
flexible constitutions are rare and can be altered by the law making process. In other words no laws are regarded as fundamental
rigid constitutions have principles and institutions whom’s character is considered fundamental and altering them is difficult.
unitary or federal
unitary systems are suitable to smaller countries where there are no significant ethnic, linguistic or religious differences. All the power in concentrated in a central government,
Federal systems have a division of power between central (federal) government and regional units.
presidential or parliamentary
presidential: the executive and the legislature are separate.
parliamentary: executive comes from and is held accountable by the legislature.
sovereignty: people vs parliament
in the uk parliament is sovereign.
The origins of the UK constitution
the uk constitution has evolved over many centuries from many documents giving it a complex framework. There has been no attempt to codify the constitution.
A summary of the main elements of the UK constitution
uncodified: no single document
unitary: parliament of Westminster, although devolved to a degree parliament has legislative supremacy.
flexibility: constitution can be amended easily.
major principles of the Uk’s constitution
sovereignty of parliament: theoretically parliament has unlimited authority and in theory no other institution can override its decisions. EU and supreme court are challenge this.
rules of law: no one is above the law
equality before the law:no person should be punished except before the law.
Fusion of powers: executive, legislature and judiciary.
what is common law
common law is the body of rules that has evolved over a long period of time. Non-statutory law reflects precedent deriving from centuries of judgement by working judges.
what is judicial precedent
the decision of a court of law which is used as an authority for future decisions which involve a similar set of facts.
what statement would describe the British constitution?
new wine in an old bottle because the nation has a long history but the constitution has evolved over time.
major sources of the UK constitution
the magna carta 1215: the monarch should be controlled by their subjects
major texts/commentaries have been so influential they have become part of the constitution eg The English constitution.
Major actsof parliament
prerogative powers of the crown: declare war sign treaty ect
laws and customs of parliament
common/case made laws
what is the judicial review?
is the power of the courts to overturn executive or legislative actions which they believe to be illegal or unconstitutional.
what are constitutional conventions
conventions are unwritten rules which guide constitutional behaviour. For example the PM should be the leader of the largest party in the house of commons or that the decision of Cabinet should be secret.
the importance of European Law
By joining the EU the UK has accepted a body of constitutional laws and be bound to European law which tales presidence over UK law.
the growth in constitutional reform
constitutions are binding documents however they are liable to change. After ww2 many countries opted to do so.
The case for constitutional reform in the UK
- some wondered if the problems of the 1970s: stagnant economy, nationalisation, ineffective state institutions were enhanced by flexibility of the constitution.
- the UK constitution has undergone huge amounts of change eg the human rights act and the EU.
- 1970s onwards increasing PM/cabinet dominance. Local authorities lost power eg education. The state was cut back and civil servants lost power to QUANGOS. Need a written constitution to ensure the state doesn’t become too powerful.
QUANGOS
quasi autonomous non-governmental organisations.
they are publically funded bodies that operate at arm’s ;ength from governement departments and carry out exectutive and advisatory roles.
spend lots
mostly new
unaccountable
What would radical reformers argue for why constitutional reform is necessary?
prolonged Conservative rule and style of leadership enhanced centralised rule, accountability and the issue of human rights.
The pressure group charter 88 want a written constitution, democratic second chamber and a reformed judiciary.
what would moderate reformers argue about constitutional reform?
to strengthen the existing frame not destroy it.
abolish/reduce the power of quangos
giving greater power to the people on the local level.
