the constitution Flashcards
(37 cards)
define constitution
set of rules for the government and sets out power and responsibilities
why do we need a constitution
- political stability and order
- support democracy
- important after revolution or upheaval
- define a nation
- protects rights
- often basis of all laws
- helps to prevent abuse of power
define codified constitution
written down in one document and have a higher status than other laws, like USA
features of codified constitution
- entrenched- protected by higher courts and needs special procedures to amend
- federal- power is shared between institutions
- rigid- hard to amend and alter
- judicable- the judiciary are the final arbiters and guardians of the constitution and can declare the government’s actions unconstitutional
define uncodified constitution
made up of several sources which are not all written, and is the same status as other law, like UK
features of uncodified constitution
- non-entrenched- constitutional laws are no different from statue laws
- unitary- power is concentrated within a single body, like Parliament
- flexible- changed without lengthy or difficult process
magna carta 1215 on constitution development
- signed by King John to promote peace between him and his barons
- demand of monarchical power so they are less powerful
- stated no one should be deprived of liberty or property without due process of the law
bill of rights 1689 on development of constitution
- passed by Parliament in response to rule of King James II
- parliamentary sovereignty established
- reinforces habeas corpus- no illegal imprisonment
- protected freedom of speech in parliament
- only parliament can levy taxes
- no excessive bail or cruel or unusual punishment
- parliament must be held frequently
- free elections
act of settlement 1701 on development of constitution
- ensured crown would pass through sophia’s line and remain in protestant hands
- led to formation of the UK with inclusion of Scotland
- have to be a british citizen to be a MP
- no one receiving money from the crown can be a MP
acts of union 1707 on development of constitution
- parliament has control over all of UK but scotland wanted federal approach
- scotland keep their own church, legal system and local government
- referendums in 1979, 1997, 2014 for scottish devolution and independence
Parliament Act 1911 and 1949
- people’s budget proposed a new land tax which conservative peers opposed so liberal government reduced the power of the Lords
- they could delay legislation for 2 years, cannot veto bills that originated in the commons, and Parliament term reduced from 7 to 5 years
- 1949- reduced delaying power to one year and money bills could only be delayed for a month and not amended
- allows supremacy of commons as the elected house
- encouraged stronger views to be expressed in the Lords
European communities act 1972
- Britain joined european economic community ( now EU)
- EU law would take precedence over UK law
- helps when UK is in conflict and can refer to EU law
- voted to leave in 2016
sources of UK constitution in order of importance
- (EU law/ treaties)
- statute law
- common law
- conventions and authoritative works
what is statue law and examples
laws passed by parliament, which are sovereign as Parliament is sovereign
( 1998 Scotland Act, Government of Wales act and Northern Ireland act created devolved bodies)
what is common law and examples
legal principles laid down by judges in their rulings, which provides precedent for later judgements
(habeas corpus- protection against unlawful imprisonment)
what are conventions and examples
customs and practices that are not legally binding but generally accepted over time
(government will not order military action without approval from Parliament, royal assent of bills)
what are authoritative works and examples
textbooks and widely respected constitutional documents that help explain the political system
(Dicey, Bagehot, Magna Carta)
what is EU law/treaties and examples
- agreement with other EU states, however not since 2016, and treaties with other countries
(Maastricht treaty)
define parliamentary sovereignty and features
principles that Parliament can make, amend or unmake any law and gave absolute power in the country
- legislation cannot be struck down by higher body
- no parliament can bind its successor so laws can be changed and amended
- can make laws on any subject
- can restore itself any devolved powers
define rule of law and features
all people and bodies must follow the law and can be held to account if they do not
- everyone is entitled to a fair trial and no one should be imprisoned without the legal process
- all citizens are equal
- public officials are not above the law
- judiciary must be independent of political interference
define devolution
giving away of power from central authority to a more local level
devolution in england
- 1999 london mayoral referendum brought back a london mayor and greater london authority under blair- share oversight on areas like transport and political
- by 2015, a further 16 areas like liverpool and greater manchester adopted the elected mayor model
- north east referendum in 2004 denied creating elected regional assemblies by 78%
- blair set up regional development agencies but was scrapped under the coalition
- “metro mayors” were created under the coalition which aimed to create the “northern powerhouse” and tried to drive regional growth by letting them make their own policy on housing, skills etc
devolution in scotland
- referendums in 1997 on devolved powers to scotland and to allow scottish parliament tax-raising powers, which were both won
- scotland act 1998 gave primary powers and tax varying powers on income tax +/- 3%
- scotland act 2012 gave an increased to tax-varying powers to +/- 10% and devolution of some other taxes
- scotland act 2016 extended powers on transport, energy, social security, and full power over income tax
- primary legislative powers without direction from Westminster, like no tuition fees
devolution in wales
- 2011 welsh referendum concluded 63.5% supporting transfer of direct law making power in 20 devolved powers like education, housing etc
- wales act 1998 gave secondary legislative powers to the assembly
- wales act 2014 gave minor tax powers and a referendum on income tax-varying powers
- wales act 2017 allowed for further powers in transport and energy and varying income tax-paying power by +/- 10%
