The Constitution Flashcards
(180 cards)
1
Q
what type of constitutoion do most countries have
A
a codified
2
Q
what type of constitution does the UK have
A
an Uncodified constitution
3
Q
whats a constitution
A
a set of rules and procedures that specify how a state is governed
4
Q
what does the constitution set out
A
the relationship between the state and individual
5
Q
what does the constitution determine
A
where sovereignity lies
6
Q
when was the US constitution written
A
1787
7
Q
how many articles is the US constitution made up of
A
7
8
Q
how many amendments does the US constitution have
A
27
9
Q
what other liberal democracies have an uncodified constitution
A
isreil
new zealand
10
Q
why don’t we call an uncodified constitution an unwritten constitution anymore
A
because there are written parts
11
Q
what does an uncodified constitution raise questions of
A
clarity and interpretation
12
Q
where do rules principles and institutions appear in a codified constitution
A
one document
13
Q
what is special about the powers of the estates in a codified constitution
A
they are defined constrained, sovregnity is clearly identified
14
Q
what happens about citizens rights in a codified constitution
A
they are identified and safeguarded
15
Q
whose independance is protected in a codified constitution
A
judiciary
16
Q
what happens if you want to amend a codified constitution
A
the amendment procedures are set out in the constitution- so you just follow them
17
Q
what about an uncodified constitution makes it pragmatic
A
its flexible and adaptable to changing curcumstances
18
Q
why can uncodified constitutions adapt to social change
A
laws are easily amended and the rights of citizens can be adapted to grow with socialy change
19
Q
why can an uncodified constitution be said to have evolved
A
the principles, institutions and rules have proved their worth over time and survived, they aren’t artificially created.
20
Q
what is a constitution
A
a set of rules and procedures that specify how a state is governed
21
Q
what kind of things does a constitution tell you about
A
how people are elected, who has what power and what rights people have
22
Q
which country has a well known constitution?
A
the US, its constitution covers about 17 pages in a normal textbook
23
Q
what has to happen to change the us constitution
A
2/3rds of both parts of the legislature and 3/4ths of states have to agree to change the constitution
24
Q
what sort of things make up the UKs constitution
A
books, laws and traditions
25
what happens to change the UKs constitution
an act of parliament needs to pass
26
what does the UK normally do if a change to the constitution is proposed
a referendum is held but it doesnt have to be
27
which major process of change that happened recently was caused by a referendum
Brexit, its a major change so a referendum was held to see if the people were in favour
28
which previous changes were agreed on by referendum
- scottish parliament
- welsh assembly
29
which chenge was defeated in a referendum
2011 vote on changing the voting system used to elect MPs
30
what change (scot) was defeated by referendum
scottish independance
31
what is the most significant source of the uks constitution
statute law
32
what are statute laws
laws passed by parliament, as parliament is sovreign it means statute laws are sovreign
33
give an example of statute law creating a part of our constitution
the freedom of information act (2000)
34
what do works of authority refer to
books writteh to help explain the workings of the UKs uncodified, complicated constitutional arrangements
35
what have works of authority become to the UK
they are considered so vital to our understanding they they have become part of the UKs constitution
36
give an example of an authoratative work that contributes to our constitution
Erskine May parliamentary practice (1844)
37
what is common law
where judges make decisions based on long-established practices or form an opinion on a fair and just outcome
38
what does the UKs judicical system work on the principle of
precedence- which means that once senior judiciary decide on a case similar cases will be considered in the same light
39
give an example of common law
Article 50 of the Treaty on European Union provides for a mechanism for the voluntary and unilateral withdrawal of a country from the European Union (EU).
40
what are conventions
traditions and customs that have developed over the centuries.
41
what happens if something isnt a law in our constitution
it doesn't make them any less significant than laws
42
give an example of a convention
the idea that a PM should resign after an election
43
what are the 4 sources of the UK constitution
-statute law
- works of authority
- common law
- convention
44
how has parliamentary sovereignty been eroded?
its no longer parliamentary sovereignty as much as it is 'winning' party sovereignty- they have an inbuilt majority
45
how does the perception od who and what is 'democratically elected' alter where the power lies?
because the power lies with the people and their opinions
46
how did being in the EU erode parliamentary sovereignty
the UK could do nothing agaunst EU laws
47
how did parliament regain soverignty from the EU
brexit
48
how has devolution edoded parliamentery sovreighnity
the uk government 'should' hold all the power but if it were to take away scotland/N-ireland's/Wales' powers there would be outrage
49
what would happen if parliament tried to take sovereignty back from devolution
there would be outrage- protests would occur and the government may loose the next election
50
how do referendums erode parliamentary sovereignty
they asked the public for answers surely the government shoukd choose and be representing ethe people that was as theyw ere voted for
51
what can parliament do/not do about its successor and predecessors
parliame t is not bound by predecessors but it cannot bind successors
52
what may parliament do about any power it delegates
it can restore the power to itself
53
what is the source of ALL political power in the UK
parliament
54
what are te three features of a constitution
- codification
- entrenchment
- superiority
55
define codification in relation to the constitution
not merely erules being written doen but that they are somehow seperatet to other laws
56
define entrenchment in relation to the constitution
the ability to safeguard the constitution against the whims of short-term politics. it should include difficulty of emending it so that consensus is found.
57
define superiority in relation to the constitution
constitutional law must be seperate from and superior to normal laws, it must take primacyt
58
how many constitutions in how many years have the french had?
5 constitutions in 215 years
59
who does the law of rule apply to
everyone- including the monarch and government
60
what legislation sets out our rights?
the human rights act 1998
61
where is 'seperation of powers' most apparent
the UK
62
Give examples of what our constitution can change that makes it flexible
Parties
Monarchy issues
Power of the executive
EU
Suffrage
63
What’s a unitary government
A government where all the power lies in one place- parliament
64
What is a constitutional monarchy
Limits on powers and adoption by ministers
65
What is the rule of law
Everyone including the monarch and government must act within the law
66
Who caused most nations to believe government should be self-limiting
French philosopher Montesquieu
67
Why is the term seperayion if powers misleading
Because powers are shared
68
Where is the executive drawn from in the Uk
The legislature
69
Why does the legislature do what the executive wants
Dominance of cabinet and the whip system
70
Who appoints senior judges
A panel appointed by the head of the executive (PM)
71
When was the Magna carta
1215
72
Why is the Magna carta important
It means no one can be deprived of freedom or properly without due process of law
73
Why was the Magna carta brought about
King John makes consessukjs to the barons who has rebelled against his tyrannical rule but most has been repealed
74
When was the bill of rights
1689
75
Why was the bill of rights brought about
It was passed by parliament in reaction to James II
William II and Mary II who succeeded him in the glorious revolution accepted these rights
76
Why is the bill of rights important
It allows for “regular” parliaments, free elections and freedom of speech within parliament
77
When was the act of settlement
1701
78
What does the act of settlement set out
Who can be king or queen, it’s largely based on helping out the catholics who had shown a tendency to be in the power- crazed side
79
Why is the act of settlement important
It gives parliament the right to decide on the line of succession to the throne
80
When was the acts of union
1707
81
What was the acts of union
England and Scotland which has been under the same monarch since 1603, now has one shared parliament in Westminster
82
Why was the acts of union important
-sets up the UK remaining unchanged until 1997 and devolution
83
What legislation was the last to be attempted to be banned by a monarch
Acts of union 1707
84
When was the first parliament act
1911
85
What did the first parliament act do
Stopped the lords from pausing financial bills
Stop lords from stopping bills- they could delay them for two years
86
When was the second parliament act
1949
87
what did the second parliament act do
the act reduced the amount of time that the lords could delay a bill to 1 year
88
when was the european communities act
1872
89
what did the european communities act do
it brought the uk into the EEC (now the EU) and established the idea that eu law would take precedent over uk law
90
when was the brexit withdrawal agreement
2020
91
what was the brexit withdrawal agreement
it was the treaty that set out the terms of the uk leaving the EU
92
give an example of our constitution providing a coherant system of government
once the tories pledged to 'get brexit done' they won an 80 seat majority in the commons, the PM could then push the brexit withdrawal agreement through parliament 'respecting the will of the people'
93
what is a downside to the constitution providing a coherant system of government
- the gov can pass whatever it likes
-tyranny of the majority
- reprecussions 5 years later
94
give an example of how our constitution has evolved over time
the concept of a pm was first seen under George I, the necessity for a leadwer of the commons has become a necessity ever since.
95
whay is the evolution of the constitution posative
-means we dont have an obscene amount of constitutions
- parliament can adapt to changes
96
why is our constutution being able to evolve a bad thing
in some cases it has not evolved enough, king appoints the PM, kings speach
97
givw an example of the GOV being centralised
the power for the UK is centralised in london. local gov gets; funding, instructions, limits on taxes and more from westminster
98
why is the centralised government negative
the main gov appoints all ofd the other powers and can take them away just as easily
99
why is having a centraised gov not all bad
there have een chances for inde[endence, scottish ind referendum 2014 gave scotland the option to remove itself
100
give an example of our constitution allowing the party in power to do whatever it wants
tony blairs New labour 1997 was able to reform the house of lords, create new parliaments, laynch new ideas. he was still able to do this in 2005 with the support of under 1/5 of possible voters
101
why is allowing the party in power to do whatever it wants not all bad?
we voted in the party, surely this means we want them to do whatever they see fit
102
give a1n example of parliamentery sovreignity giving a clear centre of authority
ultimate law making power lies with prliament, when the UK left brexit it was because if elections and no one could stand in the way.
103
why is a clear centre of authority posative
they are democratically elected and no one can stand in the way of the 'peoples' will, true democracy
104
why is a clear centre of authority not that good
there is nothing that can stand in the way of our rights being taken away, theres no protection of the citizens
105
give an example of local and subNATIONAL governments not being protected
1964 Greater london council was established. 1890s the council was under labour leadership and it was a thorn in Thatchers side. she abolished it in 1985
106
why is the lack of protection for local and subnational governments not all bad
becuase parliament is elected nationally it can be argued that even without local gov people are still represented
107
why is pre-democratic elements surviving bad
these elements are not democratic therefore they have power for no reason. they arent elected
108
why is pre-democratic elements not all bad
the power is only symbolic, lords can only delay things for a year and they cant refuse to sign a law
109
give an example of pre-democratic elements surviving.
laws have to be signed by hereditory monarch. the bills also have to be passed by the lords.
110
why are unclear rules and conventions a disadvantage
while its unlikely foe a government to break these rules they are up for debate
111
why are unclear rules and conventions not all bad
the flexible aspect means that it cam adapt to societal changes
112
give an example of unclear rules and conventions
pm johnson argued that a 5 week suspension of parliament before the queens speach was perfectly normal
113
why is an accountable governemnt an advantage
at elections the electorate can hold the government accountable
114
why is an our government not all that accountable
there can be up to 5 years between elections, the government is not accountable at this time
115
give an example of the government being held accountable
tory party crushed in the 97 election, crises of their own making made them unpopular
116
how is the government effective and how is that an advantage
theyre able to pass acts and legislation quickly and effectively. and british people like getting things done
117
why is an effective government not all that good
these austerity measures were designed to help financial crash of 2008 but the amount that they work is debatable
118
give an example of an effective government
coalition of 2015 was able to enact a range of austerity measures
119
why is changes not requiring special procedures a disadvantage
a government can do whatever it likes, it can even drastically change the whole system
120
why is changes not requiring special procedures not all bad
change isnt always bad
121
give an example of change not requiring a special procedure
brexit even though it was based on an referendum could have happened without one.
122
why is a flexible and adaptable government an avantage
can adapt to changes in society
123
why is a flexible and adaptable government not all good
sudden change, they may change something and then regreyt it
124
give an example of the flexible and adptable gov
1987 a handyman shot 16 dead in hungerford. the uk then banned a huge range of guns and ammunition
125
when were the house of lords reforms
1998
126
what were the house of lords reforms
abolition of all nut 92 hereditory peers, plans for an elected second chamber were shelved
127
who did the house of lords reforms
tony blais new labour
128
when was the human rights act
1998
129
what was the human rights act
-it was a proto-bill of rights
-gave all UK citizens the right to challenge the government via the European convention of human rights
-uk courts cant strike down laws but can advise them
130
when was devolution
1998
131
when was the referendum held on devolution
1997
132
what did devolution do
made the scottisg parliament, the senedd, and northern irish power sharing assembly (stormant)
133
when were the new electoral systems given out
1998
134
who were and what were the new electoral systems given out
scotland and wales got AMS
northern irish assembly got STV
135
when was the constitutional change of elected mayors
2000
136
what did the elected mayors do
-allowed cities to chose to have an elected mayor.
-a law was later amended that made it require a referendum to set up the post.
137
what places now have mayors
manchester, liverpool, west midlands
138
when was the freedom of information act
2000
139
what did the freedom of information act do
-gave the public and journalists access to documents held by the government
- as long as it isnt a national threat
140
when was the creation of the uk supreme court
2005
141
what did the creation supreme court do
- removed law lords from the house of lords
-gave them a supreme court
- appointed autonomy
- most senior court in the uk
142
when were the wright reforms
2010
143
what were the wright reforms
-they were reforms taken from a report suggesting imprivements.
-include elected heads of parliamentry committes, e-petitions and a tiem for backbenchers ideas
- scheduled parliamentry time for mps
144
when was the fixed term parliament passed
2011
145
what did the fixed term parliament do
-changed it from max 5 years to exactly 5 years
- provided more stability
- averaged an election every 34 months since passed
(NOT ANYMORE)
146
when were police and crime commissions passed
2011
147
what did the police and crime commisions do
- made it so that members of the public were to be elected
- they set priorities
- allocate spending for the police
- turnout is low 24.5% in 2016
148
when was recall elections passed
2015
149
what were the recall elections
- provision for forcing an election on a sitting MP
- if an PM is sent to jail or suspended for 3 weeks
- a by-election is triggered if over 10% of a constituency petition it so
150
when was E.V.E.L passed
2015
151
what is E.V.E.L
-english votes for english laws
- stops PMs from dcottish or welsh constituencies voting on british laws
- committe of all english MPs can VETO legislation if it only applies to england
152
when was Brexit
2020
153
what was brexit?
- followed the 2016 election
- uk left the EU at 11pm january 31t 2020
154
What do many people believe that the reforms under Blair did?
Amount to a redraw of the constitition
155
The reforms (under Blair) have in no way altered the…
Fundamentally evolutionary and unwritten nature of the constitution.
156
Nothing has been laid down that…
Could not be undone, there’s still no one “constitution” that people can refer to and compare legislation against
157
are the elements of change produced by Blair firm
No, they are statute law and are therefore not entrenched
158
In what way have Blair’s reforms protected parliamentary sovereignty
- devolution retains the right of Westminster to legislate over regions and repeal the devolution themselves
- HRA doesn’t give anyone the power to declare legislation illegal
- Supreme Court can not overturn legislation passed by parliament
- lords are no match for the commons
159
What does the asymmetric nature of devolution mean
That the different parts of the uk are now governed differently and are ruled by non national and decentralised institutions
160
What are emerging because of the asymmetric nature of devolution
Policy differences, especially in health and education
161
What are emerging because of the asymmetric nature of devolution
Policy differences, especially in health and education
162
Is the uk a unitary state?
Ultimate law making power remains in Westminster but the uk is loosing traits that distinguish itself as a unitary state
163
What did Blair’s constitutional change do in terms of rights
But much, the human rights act and freedom of information act seems to be safeguarding the public but there is still parliamentary sovereignty and therefore potential for abuses
164
What is the conservative critique of the reforms
They’ve damaged the constitution,
They no longer form a coherent and effective whole,
165
What’s the conservative critique of devolution
Devolution threatens the union with questions of representation and funding
166
What’s the conservative critique on the human rights act
It gives power to the inspected judiciary and opens up unwelcome debate on previously agreed themes such as rights
167
What does the conservative critique believe about the House of Lords reform
It’s damaging to a proven evolved system that was working fine
168
What does the liberal critique say about progress
That it is limited slow and a missed opportunity
169
What does the liberal critique say about coherence
The wholesale reform was needed to bring everything together but labour had been too timid and minimalist
170
What does the liberal critique say about the erosion of rights
There’s been nothing to stop it post 9/11
171
Have the changes enacted since 97 made the uk more democratic electoral systems
AMS in Scotland STV Ireland SV London, yes more proportional
172
Have the changes enacted since 97 made the uk more democratic devolution
Decisions are now closer to those effected, local unity, local mandate
173
Have the changes enacted since 97 made the uk more democratic mayoral elections
Allows for more interaction with politics, local mandate in Manchester Liverpool and the West Midlands
174
Have the changes enacted since 1997 make the uk more democratic? House of Lords
Removing many 100s of lords but more could be done
175
Have the changes enacted since 1997 make the uk more democratic? PCC
Police and crime commissioners, more democratic but useless democracy (says mr duggins)
176
Is the uk still lacking democratic elements
Yes, 92 hereditary peers , monarch
177
Is the uk still lacking democratic elements
Yes, 92 hereditary peers , monarch
178
What more could be done to enhance democracy?
Remove the kings “official power” or signing off laws, could remove all hereditary lords, allowed or civilian councils
179
Are citizens rights better protected now than they were in 1997
Yes, the human rights act
However, they can be overturned with new legislation
Codified constitution and, entrenching rights could be done to further it
180
Does the uk and its constitution now seem like a modern liberal democracy
Yes, HRA and the removal of all but 92 lords brings it towards that.
More could be done
