The Contitution Flashcards

(33 cards)

1
Q

Does the UK have a codified or an uncodified constitution

A

Uncodified

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2
Q

Does the US have a codified or uncodifieid constitution

A

Codified

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3
Q

How much of the US congress are needed to change the constitution

A

2/3

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4
Q

What amount of the US states are needed to change the constitution

A

3/4

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5
Q

Who needs to approve UK bills before they are passed

A

Commons,Lords,Royal approval

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6
Q

What is another word for the US constitution

A

Entrenched

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7
Q

What is the constitution

A

A set of laws and rules that create an institution

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8
Q

What is the bill of rights

A

Statement of citizens

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9
Q

What is a limited government

A

Powers of the government are subject to legal constraints

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10
Q

What is the good thing about having a limited government

A

Holds the government accountable when they act unlawfully

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11
Q

What are fundamental laws

A

A constitutional law that is set above regular laws and higher protection

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12
Q

What are the features of an entrenched constitution

A

Difficult to change and requires supermajority votes or referendum

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13
Q

What are codified constitutions usually a product of

A

Independence,New authorisation,War

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14
Q

What are the sources of the UK constitution

A

Statute law,Common law,Conventions,Authoritative works,International law and treaties

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15
Q

What is statute law

A

Law derived from acts of parliament and subordinate legislation

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16
Q

What are some examples of feature law

A

The great reform act,Parliament act,Scotland act,Human rights act,EU withdrawal

17
Q

What is common law

A

Law derived from general customs,traditions,the decision of judges

18
Q

What is judicial review

A

The power of the senior judges to review the actions of parliament

19
Q

What is royal prerogative

A

Discretionary power of the crown that are exercised by government ministers in the monarchs name

20
Q

What rights does royal prerogative have

A

Appointing ministers and the prime minister
Royal assent to legislation
Declare law and negotiate treaties

21
Q

Who is A.V Dicey

A

Famous for his work on the constitution theory and the law

22
Q

What was A.V Dicey’s theory

A

Sovereignty = Ultimate source of power and authority

23
Q

What are the two pillars of the UK constitution

A

Parliamentary sovereignty and Rule of law

24
Q

What is parliamentary sovereignty

A

Parliament is the supreme law making body and the most important source of the constitution

25
What is rule of law
Defines the relationship between state and citizens. It ensures state action is limited,also making everyone equal
26
What are three features of the rule of law
No one is punished without trial No one is above the law Principles of the constitution are result of common law
27
What are three features of parliamentary sovereignty
Parliament can legislate any subject Legislation can’t be overturned No parliament can bind successors
28
What are the features of a unitary state
Subnational initiations don’t have autonomous powers Regional government is weak Local governments has little power
29
What kind of state is the UK
Unitary state
30
What happens in federal constitutions
Power between national and regional government is shared
31
What was the significance of the factortame case
The EU law supremacy has always overridden UK parliamentary sovereignty which is one of the supporting factors for brexit and restoring parliamentary sovereignty
32
What is FTPA(fixed term parliament act)
Makes it mandatory for general election to be every five years
33
When was the HRA(Human rights act)
1998