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46 Cards in this Set
- Front
- Back
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What is a constitution? |
Set of laws, rules and practices that create the basic institutions of the state |
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What is the Bill of Rights? |
Authoritative statement of the rights of citizens often entrenched as a part of a codified constitution |
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What is a limited gov? |
Where powers of gov are subject to legal constraints as well as checks and balances within political system |
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Define Codified constitution: |
Single authoritative doc that sets out the laws, rules and principles by which a state of governed and which protect the rights of citizens. |
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Define Uncodified constitution: |
A constitution where the laws, rules and principles specifying how a state should be governed are not gathered in a single document and are not entrenched |
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Define Uncodified constitution: |
A constitution where the laws, rules and principles specifying how a state should be governed are bit gathered in a single document and are not entrenched |
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What did Bills of Rights 1689 do? |
Placed migrations in power of monarch (enhanced Status of Parliament) Prohibited cruel and unusual punishment |
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What did The Magna Carta 1215 do? |
Guaranteed the right to a fair and swift trial/ offered protection from arbitrary imprisonment /placed limitations on taxation |
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What did European Communities Act 1972 do? |
Formally took the UK into the European Economic Community |
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What are the 3 features of a codified constitution? |
-produced at a critical juncture (newly found independence e.g US constitution 1989) |
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What are the 3 features of a codified constitution? (Give examples) |
-produced at a critical juncture (newly found independence e.g US constitution 1989) -fundamental law (constitutional law that is deliberately set above regular staute law and given a degree of protection against regular laws passed by the legislature) -entrenchment and amendment ( difficult to change often requiring super maj or approval by popular referendum far in excess of 50%) |
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Give an example of a codified constitution being inflexible and flexible: |
Inflexible: only 17 amendments to US constitution since first 10 amendments in 1791 Flexible: 1958 Constitution of the French 5th Republic has been amended 17 times in 50 years |
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What are the 5 sources of the UK’s Constitution? |
-EU law -Conventions -Staute law -works of authority -common law |
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What are the 5 sources of the UK’s Constitution? |
-EU law= takes precedence over Uk law, British courts are required to strike down UK law which contravene EU laws -Conventions= e.g Collective responsibility -Staute law = law passed by parliament highest form of law (parliamentary sovereignty) -works of authority e.g Erskine May (book about how parliament works and looks at procedure and regulations) -common law= law made by judges |
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What is a Unitary state? |
Where Sovereignty is located at the Centre. (Central gov has supremacy over other tiers of gov which they can reform or abolish)
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What is a constitutional monarchy? |
A political system in which the monarch is the formal head of state but the monarchs legal powers are exercised by gov ministers |
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What’s a parliamentary government? |
System where the gov takes place through parliament and the executive and legislative branches are fused. |
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What is a prime-ministerial gov? |
A form of gov in which the pm is the dominant actor and is able to bi pass the cabinet. |
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What is a prime-ministerial gov? |
A form of gov in which the pm is the dominant actor and is able to bi pass the cabinet. |
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What is the Westminster model? |
A form of gov exemplified by the British political System (where parliament is sovereign and the executive and legislative is fused and political power is centralized) |
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Name 2 strengths 3 weaknesses of the uks uncodified constitution. |
Strengths - Adaptability and accountability Weaknesses - outdated & undemocratic, concentration of power and lack of clarity. |
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What did the HRA of 1998 do to constitution reform? |
Enshrined most of the provisions of the European convention of human rights in the uk law. Some of the rights protected by the convention include, right to life, right to a fair trial and freedom of thought and expression. |
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Name another constitutional reform since 1997: |
Devolution (A Scottish Parliament / Northern Ireland Assembly / Welsh Assembly / Directly elected mayor of London) |
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Name another constitutional reform since 1997: |
Devolution (A Scottish Parliament / Northern Ireland Assembly / Welsh Assembly / Directly elected mayor of London) |
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Give 2 examples of parliamentary reform. |
1. House of Lords Act 1999 (abolish the rights of all but 92 hereditary peers) 2. The recommendations of the 2009 reform of the HOC committee, which came into force after the 2010 general election. e.g chairs of select committee are now elected by back benches. |
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Give an example of constitutional reform in the judiciary. |
Constitutional reform act 2005 which led to a Supreme Court starting in 2009 which then became the uks highest court and removed the judicial role of the HOL. |
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What were the 5 constitutional reforms made under the Coalition? |
-The Fixed Term Parliament Act -The Scotland Act 2012 -The protection of Freedom Act 2012 -House of Lords reform Act 2014 |
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What were the 5 constitutional reforms made under the Coalition? |
-The Fixed Term Parliament Act -The Scotland Act 2012 -The protection of Freedom Act 2012 -House of Lords reform Act 2014 -The Wales Act 2014 |
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What did The Scotland Act do? |
Gave Scottish Gov power to vary income tax up or down by 10p and devolved further powers to Scott gov |
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What did The Protection of Freedoms Act do? |
In wake of 9/11 the Act offered citizens greater protection from the state by putting in place proper scrutiny of the security services and oversight of surveillance and data collection |
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What did The House of Lords reform Act do? |
Halted number of those able to sit and vote in the chamber (allowed peers to be removed as a result of criminal offenses and non-attendance) |
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What did The Wales Act do? |
Transferred control of some smaller taxes to devolved institutions in Wales |
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What were 3 constitutional reforms from 2015 onwards? |
EVEL 2016 The Scotland Act (updated given new powers over taxation as well as the Scott parliament being given legislative power over a range of new areas) Brexit |
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Define primary legislative powers |
Authority to make laws on developed policy areas |
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How many members does the Scottish Parliament have? |
129 MSPs ( Scot Parliament and gov can’t be abolished unless approved in a Scot ref) |
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How many members does the Welsh Assembly have? |
60 |
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Why is the Northern Ireland politics different from the rest of the UK? |
Designed so that unionists and nationalist parties share power
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Why is the Northern Ireland politics different from the rest of the UK? |
Designed so that unionists and nationalist parties share power
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What is the Good Friday Agreement of 1998? |
A power-sharing agreement |
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Why is the Northern Ireland politics different from the rest of the UK? |
Designed so that unionists and nationalist parties share power
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What is the Good Friday Agreement of 1998? |
A power-sharing agreement |
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Define ‘Power sharing agreement:’ |
Special arrangements that ensure bot communities in a divided society are represented in the executive and assent to legislation on sensitive issues |
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Explain the West Lothian Question: |
Why should Scott MPs be able to vote on English matters at Westminster when English MPs can’t vote on matters devolved in the Scott Parliament? |
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What is a Quango? |
A quasi-autonomous non-governmental Organisation; an unelected public body responsible for the funding or regulation of an area of public policy |
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Outline the main 3 impacts of devolution on UK politics: |
-Undermines parliamentary sovereignty=no longer sovereign over domestic matters in Scot, Wales and Northern Ireland -Funding= Scot, Wales and Northern Ireland receive more public spending per head than England -Policy Divergence=e.g Northern Ireland same sex marriage remains illegal as well as abortion up until recently |
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What are 3 criticisms of EVEL? |
-EVEL politicises the speaker -creates 2 classes of MPs -very complex |
