Topic 2 - The Constitution Flashcards
(18 cards)
What is a constitution?
A constitution is a set of rules and principles that outlines how a state is governed, defines the distribution of power, and sets out citizens’ rights and the relationship between branches of government.
This includes both written and unwritten elements depending on the country.
What are the main differences between codified and uncodified constitutions?
• Codified: single written document, entrenched (hard to amend), constitutional laws are clearly separate (e.g. USA).
• Uncodified: not written in one document, flexible, laws can change through Acts of Parliament (e.g. UK).
What role does Statute Law play in the UK constitution?
Statute Law consists of Acts of Parliament that form constitutional rules (e.g. Human Rights Act 1998).
What is Common Law in the context of the UK constitution?
Common Law is judge-made law based on tradition and precedent (e.g. prerogative powers like royal pardon).
What are Conventions in the UK constitution?
Conventions are traditions followed without legal force (e.g. PM is always an MP, not a Lord).
What are Authoritative Works in the context of the UK constitution?
Authoritative Works are scholarly texts that guide constitutional understanding (e.g. A.V. Dicey’s work on parliamentary sovereignty).
How does European Law and Treaties impact the UK constitution?
European Law applied pre-Brexit; post-Brexit, some retained EU law remains (e.g. EU Withdrawal Act 2018).
What are the strengths of the UK constitution?
• Flexible and adaptable (e.g. swift COVID-19 emergency laws).
• Strong tradition of stability and rule of law.
• Parliamentary sovereignty allows rapid reform.
What are the weaknesses of the UK constitution?
• Lacks clarity and outline under statute.
• Government can concentrate too much power (e.g. Illegal Migration Act 2023 faced criticism over human rights concerns).
• Rights are not fully entrenched (easily repealed).
What changes did the New Labour government make to the Constitution regarding rights?
Introduced the Human Rights Act 1998.
What changes did the New Labour government make regarding devolution?
Created devolved institutions in Scotland, Wales, and Northern Ireland (1998).
What changes did the New Labour government implement in local government?
Introduced elected mayors (e.g. Mayor of London, 2000).
What impact did the coalition government have on constitutional reform?
• Fixed-Term Parliaments Act 2011: Reduced PM’s ability to call snap elections (repealed in 2022).
• House of Lords Reform Bill 2012: Failed attempt to make Lords mostly elected.
• Elected Police Commissioners: Created in 2012.
• AV Referendum 2011: Proposed change to voting system rejected.
What impact have successive Conservative governments had on constitutional reform?
• Brexit: EU Withdrawal Act 2018 and 2020 ended EU legal supremacy.
• Judicial reform: Criticism of judiciary and Supreme Court (e.g. Miller cases); Judicial Review and Courts Act 2022 reduced scope for legal challenge.
• Human Rights: Plans to replace HRA with a ‘British Bill of Rights’ shelved in 2023.
• Prorogation controversy: 2019 prorogation ruled unlawful by Supreme Court.
What are the arguments for a codified constitution?
• Clearer rules, more accessible.
• Stronger protection of rights.
• Limits excessive executive power.
What are the arguments against a codified constitution?
• Less flexible to changing needs.
• Risk of judicial overreach (judges making political decisions).
• UK’s current system has been stable without one.
What are the main areas that might undergo constitutional reform in the future?
• House of Lords reform: Elected chamber proposed by Labour.
• Electoral reform: Debates on proportional representation persist.
• Devolution: Possible independence referendums (e.g. Scotland) or increased powers.
What are the three key principles that underpin the UK constitution?
• Parliamentary sovereignty: Parliament is the supreme legal authority (e.g. can make or repeal any law, like Brexit legislation).
• Rule of Law: Everyone is subject to the law, including the government (e.g. Supreme Court ruling against prorogation in 2019).
• Unitary State: Ultimate power rests with Westminster, though devolved powers exist (e.g. Parliament can override devolved laws).
