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Government And Politics: Unit 2 > The Consitution > Flashcards

The Consitution Flashcards

1
Q

What is a constitution?

A

A set of principles for how a country is governed.

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2
Q

What are the features of the constitution?

A
  • it is uncodified and unentrenched
  • it is unitary
  • it is based on parliamentary sovereignty
  • there is no separation of powers
  • a strong executive
  • the rule of law
  • constitutional monarchy and prerogative powers
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3
Q

What are the sources of the uk constitution?

A
  • statute law
  • common law
  • traditions
  • convention
  • works of authority
  • EU law
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4
Q

What are the three elements of the rule of law?

A
  • Nobody can be punished unless convicted of an offence by a court of law
  • the law applies to everyone
  • the government is subject to laws and cannot exceed them
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5
Q

What is a unitary constitution?

A

One whose sovereignty resides in one location. The central sovereign power can overrule all other bodies and has the right to restore political power to itself.
E.g UK,FRANCE,ITALY,CHINA,PAKISTAN

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6
Q

What is a codified constitution? And what countries have one?

A

One which has a single source.

- US, VIETNAM, IRAQ,IRAN, NORTH KOREA

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7
Q

What is an uncodified constitution? And what countries use it?

A

One which has many different sources.

UK, SAUDI ARABIA, NEW ZEALAND, ISRAEL

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8
Q

What are the features of a codified constitution?

A
  • Authoritative (binds all institutions, president can’t change it willingly without 2/3 of congress)
  • Entrenched (difficult to amend or abolish)
  • Judiciable (judges can declare whether a law or action is constitutional or not)
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9
Q

What are the features of an uncodified constitution?

A
  • not authoritative (have the same status as ordinary laws)
  • not entrenched
  • not judiciable
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10
Q

What are the advantages of a codified constitution?

A
  • clear rules
  • limits power of government
  • protects rights
  • interpretation by judges
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11
Q

What are the advantages of an uncodified constitution?

A
  • adaptable
  • power lies with elected officials s
  • easier to get things done
  • fairer
  • it works(practical)
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12
Q

What is a federal constitution?

A

In a federal constitution power is divided between central bodies and regional institutions. E.G US, GERMANY, AUSTRALIA,INDIA

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13
Q

What are parliamentary statute laws and what are some examples?

A

-laws passed by the uk parliament
E.G:
-the Human rights act(1998)
-the freedom of information act (2009)

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14
Q

What are conventions and what are some examples?

A

-unwritten rules that are generally followed by those involved in government and politics.
E.G:
-the Salisbury convention
-collective cabinet responsibility

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15
Q

What are works of authority and what are some examples?

A

These are books and documents which are not laws but are generally followed.
E.G.
-the bill of rights
-A.V. Diceys nineteenth century rule of law

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16
Q

What is common law and what are some examples?

A

They are historic laws which are enforced by the courts but not passed by parliament.
E.G.
-the royal prerogative
-individual rights( other than those covered by the European convention of human rights)

17
Q

What are EU laws/treaties and what are some examples?

A

Treaties signed by the UK government and which are binding on future governments.
E.G.
-Maastricht treaty(1992) which transferred a good amount of sovereignty from the uk to the EU.

18
Q

What are traditions and what are some examples?

A

Historic practices of limited importance.
E.G.
-parliamentary procedure
-the queens speech

19
Q

What is devolution and who introduced it?

A

Introduced by Tony Blair, it is an arrangement where power but not sovereignty is distributed to regions bodies. This can be removed or overruled by the central body.

20
Q

What is legal sovereignty?

A

Legal sovereignty refers to the idea of ‘ultimate’ political power which cannot be overruled by any other body or law

21
Q

What were labour’s post-1997 constitutional reforms?

A
  • Devolution for Scotland, Wales and Northern Ireland
  • Human Rights Legislation
  • Electoral Reform
  • Elected mayors
  • Reform of the House of Lords
  • Reform of the judiciary
22
Q

What was the reform of the House of Lords?

A

A limited reform was passed in 1999 when all but 92 of the hundreds on hereditary peers lost their voting rights. Leaving the House of Lords mostly composed of life peers

23
Q

What are the functions of a constitution?

A
  • to make it seem more legitimate
  • to ensure sovereignty
  • to maintain law and order
  • to protect citizens
  • to minimise conflict and corruption
  • ensures organisation
  • gives clarity
  • prevents excessive use/abuse of power
24
Q

What are the five elements of a constitution?

A
  • distribution of power
  • the relationship between institutions
  • limits of government jurisdiction
  • rights of citizens
  • amendment process

Government And Politics: Unit 2 (1 decks)

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