Uk Constitution Flashcards

(41 cards)

1
Q

What is meant by a codified constitution?

A

A single written document that contains the fundamental laws and rules of a political system.

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2
Q

What is an uncodified constitution?

A

A constitution not contained in one single document, but formed from various sources.

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3
Q

Define a statute law and give an example.

A

A law passed by Parliament, e.g., the Human Rights Act 1998.

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4
Q

What is common law in the UK?

A

Laws developed by judges through court decisions.

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5
Q

What are constitutional conventions? Name one example.

A

Unwritten rules guiding political practice, e.g., the PM is the leader of the largest party.

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6
Q

What is meant by ‘authoritative works’? Name one example.

A

Legal writings used for constitutional interpretation, e.g., A.V. Dicey’s work.

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7
Q

What is the royal prerogative?

A

Historic powers of the Crown now exercised by ministers, e.g., declaring war.

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8
Q

Define parliamentary sovereignty.

A

Parliament can make or unmake any law and cannot be overridden by any body.

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9
Q

What is the rule of law?

A

Everyone is subject to the law and treated equally under it.

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10
Q

What is the difference between individual and collective rights?

A

Individual rights protect personal freedoms; collective rights protect groups like unions.

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11
Q

What was the significance of the Magna Carta (1215)?

A

Limited monarch’s power and affirmed the right to a fair trial.

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12
Q

What did the Bill of Rights (1689) establish?

A

Parliamentary power over the monarchy and civil liberties.

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13
Q

Why was the Act of Settlement (1701) important?

A

Established Protestant succession and judicial independence.

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14
Q

What did the Parliament Acts of 1911 and 1949 change?

A

Reduced House of Lords’ ability to delay legislation.

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15
Q

What are the five main sources of the UK constitution?

A

Statute law, common law, conventions, authoritative works, and EU/retained law.

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16
Q

Why are conventions the most flexible source?

A

They are not legally binding and evolve with political norms.

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17
Q

Why is statute law the most authoritative source?

A

It is passed by Parliament and overrides other sources.

18
Q

Why is the UK constitution considered evolutionary?

A

It develops gradually through laws and reforms, not revolution.

19
Q

List one advantage of an uncodified constitution.

A

Flexibility and adaptability.

20
Q

List one disadvantage of an uncodified constitution.

A

Lack of clarity and legal certainty.

21
Q

Why is parliamentary sovereignty a key principle?

A

It means Parliament is the supreme legal authority.

22
Q

How has devolution challenged parliamentary sovereignty?

A

It transferred powers to devolved bodies like the Scottish Parliament.

23
Q

How does the rule of law limit government power?

A

By holding ministers accountable and allowing judicial review.

24
Q

What was A.V. Dicey’s contribution?

A

Highlighted rule of law and parliamentary sovereignty.

25
What is a constitutional monarchy?
A monarchy with symbolic powers; real power lies with Parliament.
26
What is the Human Rights Act (1998)?
Incorporated the European Convention on Human Rights into UK law.
27
How does the HRA limit parliamentary sovereignty?
Courts can issue declarations of incompatibility with Acts of Parliament.
28
What does the Freedom of Information Act (2000) do?
Grants public access to information held by public authorities.
29
Give an example of individual rights.
Freedom of speech, right to privacy.
30
Give an example of collective rights.
Right to protest, trade union membership.
31
What are criticisms of rights protection in the UK?
Not entrenched, can be changed by Parliament, lacks clarity.
32
What is devolution?
Transfer of powers from central to regional governments.
33
Name powers held by the Scottish Parliament.
Education, health, justice, transport, income tax rates.
34
What did the House of Lords Act 1999 do?
Removed most hereditary peers.
35
Why was the UK Supreme Court created in 2009?
To ensure full judicial independence.
36
What did the Fixed-term Parliaments Act 2011 change?
Set general elections every 5 years unless early election triggered.
37
Why was the FTPA repealed in 2022?
To restore the PM’s power to call elections.
38
What was the ruling in Miller I (2017)?
Parliament must approve triggering Article 50.
39
What was the ruling in Miller II (2019)?
Prorogation of Parliament was unlawful.
40
What does the Freedom of Information reform propose?
Restricting access due to cost and privacy.
41
What is the British Bill of Rights proposal?
To replace the Human Rights Act with UK-specific protections.