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Constitution Flashcards

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1
Q

What?

A

Rules for how country is governed.
How political power should he distributed in state e.g Federal in US( power divide between central government and regional institutions) unitary states in Uk (power in one place.)

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2
Q

Democratic

A

Government power limits.
No limits on parliament.
Parliamentary sovereignty.

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3
Q

What asserts citizens rights in relations to state and protects liberties of citizens.

A

Bill of Rights.

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4
Q

Magna Carta

A

1215
King John sign 63 clauses, barons put limit on monarchy powers.
Crown isn’t above law.

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5
Q

Bill of rights act

A

1689
Regular parliaments, free l elections, no tax without consent of parliament and parliament freedom of speech. ‘

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6
Q

Act of settlement

A

1701
Confirmed primacy of parliament over the crown; parliaments right to determine line of succession to throne.
Confirmedjudicial independence by a judge removed only in agreement of both Houses of Parliament.

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7
Q

Act of union

A

1707
Unite Scotland parliament with England and wales.
Created UK, although Scottish law independence was preserved.

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8
Q

Parliament acts

A

1911- Lords lost it right of veto.
Not able to amend financial bills e,g the Budget.
1949 Reduced lords right of delaying bills from 2 to 1 year.
Established democratic legitimacy of it by asserting primacy of commons over lords.

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9
Q

Devolution

A

1997
Result of referendums, Scotland and Wales established own gvmnt and legislatures.
Increased powers and stated only be abolished through referendums in each country.
Challenging unitary basis.

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10
Q

Brexit

A

2016
Referendum where public vote in favour of leaving EU, parliament enacted EU act 2020, restore British sovereignty and carry into uk law all former eu law.

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11
Q

Is it effective

A

Yes
-Adaptable- has stood the test of time, adapt to events like Covid without rigidity. A simple act of parliament to change it.
No
-Concentration of power in parliament.
-outdated

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12
Q

Democratisation

A

Intro of democratic system.
HOL replaced with Supreme Court.
(Electoral commission to regulate elections, referendums and party funding.)

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13
Q

Stronger protection of rights

A

(HRA- inclusion of echr from 2000.)
Judiciary appointed independent committee

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14
Q

Decentralisation

A

Transfer power to governments in Scotland, Wales, Northern Ireland.
English votes for English laws.

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15
Q

Modernisation

A

HOL replace with Supreme Court.
New electoral system for devolved bodies.

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16
Q

Historic

A

Magna Carta
Transition power from monarchy to parliamentary democracy.

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17
Q

Common law

A

E.g Prerogative powers of prime minister.
Law developed from historical usage and traditions.
Judges treat it as a rule of conduct that is well established and acknowledged by many.

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18
Q

Constitutional conventions

A

Salisbury convention- House of Lords should not block any legislation that appeared jn the governing party’s most recent election manifesto.
Unwritten rules which considered blinding by political community.

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19
Q

Statute law

A

Parliament act 1949, limitations to powers of House of Lords.
The body of law passed by parliament as an Act.
As only require a simple majority in parliament, make constitution more flexible + easy to change.
All statutes look alike and have the same status as parliament is sovereign snd can amend/ appeal any statute.

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20
Q

Authoritative works

A

Rule of law( all equal under law)
Key historical principles established in guidebooks and written works.

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21
Q

Treaties

A

Paris climate chnage accords 2015 UK commit to cut carbon emissions.
Binding international agreements and laws which should be honoured.

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22
Q

Unentrenched and entrenched

A

Entrenched- difficult to change.
Provisions for amendment.

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23
Q

Features

A

Un entrenched (easy)
un codified
unitary ( parliament has all the power)
rule of law
parliamentary sovereignty ( holds power than CANT be overruled)

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24
Q

Rule of law

A

Everyone must obey the law , right to a fair trail and know thier charges

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25
Treaties
Agreements UK signed wiht other states + therefore bound by. As it’s written down + uk is more likely to agree to it, makes it more entrenched and codified. The UK signed the ECHR in 1951. means individual and bodies in UK are bound to follow convention + can be held to account by the European Court of Human Rights, which isn't part of the EU.
26
uncodified
unlike in the US, it isn’t written down in a single document.
27
unentrenched
Unlike in the US, where it is very difficult to change the constitution (requiring supermajorities from different bodies), the UK constitution can be changed with a simple majority in parliament. Therefore isn’t different to normal laws; doesn’t have a higher status or extra protections.
28
Unitary
Power centralised in just one place; the UK Parliament, which was sovereign. ○ Since devolution, there have been questions around whether this is still the case. ■ Some argue the UK constitution is still unitary as the UK Parliament has handed power to the devolved bodies but can also take it away when they want and therefore retains legal sovereignty. ■ Others argue the UK constitution is no longer unitary and Britain is now a ‘Union State’ as the power has been permanently devolved and it would be difficult to revoke.
29
Twin pillars
Parliamentary sovereignty -key law making + amending body in Britain. -laws on any subject -no laws can be entrenched -no court/higher body can strike down their law. ROL -nobody is above the law + all must obey it. -all have right to fair trial and to know their charges -
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The Westminster Model
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Functions
33
Determine how political power
be distributed between the state Unitary in UK, ultimate power lies within one place, parliament
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Determine balance of power between…
Institutions of government E.g. PM, Cabinet, Parliament, monarchy, courts
35
Political processes that…
Make the system work. Rs between institutions + rules
36
A democratic one..
Usually states the competence of Gov. No limits at all on the competence of Parliament.
37
Rights of citizens in relation to..
State
38
39
Stages in development
40
Acts of Union
1707
41
In entrenched constitution, requirements for reform are put in place to ensure:
-widespread popular support for reform -long-term interests of country
42
Fixed term parliaments act
After 2010, Gov wished to change change constitution to introduce fixed-term parliaments Of 5 years However, not possible to entrench laws in the UK. As a future parliament could repeal/amend the act. Elections in 2017 + 2019 show it hasn’t had a lasting impact.
43
Legal sovereignty
Where ultimate + supreme legal authority lied; UK Parl. Can suspend/modify parts of the HRA through derogation.
44
Political
Excercise legal power.
45
Popular sovereignty
Will of ppl must be listened to + acted upon in order to maintain peace and ideas of British democracy. E..g depute a large majority of MPs wishing to remain in EU, Parl. voted to trigger Article 50 as it was will of ppl expressed thru referendum.
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Sources
Statute, constitutional convention, treaties, authoritative works, common law.
48
1997- 2010 reform
49
Parliament
HOL stage 1- remove her diary peers State 2 - create elected chamber
50
Parliament
HOL stage 1- remove her diary peers State 2 - create elected chamber
51
HOC
Concerned the departmental select committees of HOC Scrutinise the work of governmental departments 2004- chairs of committees awarded additional salaries to raise their status 2010- labour Gov introduce system for electing members of SCs by whole chamber of HOC. 2010- Backbench Business Committee
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HR
1998 Parliament passed it Came into force in 2000. Incorporated ECHR into law. Binding on all public bodies. Not strictly binding on UK parliament. Didn’t lose sovereignty as can repeal it at any time.
54
Freedom of info 2000
Gov right to conceal info if it felt it may prejudice the activities of Gov.
55
Electoral reform
When devolution was being considered Decided at an early stage that system used should reflect party system of those countries and avoid domination by parties.
56
Supreme Court
Constitutional reform act 2005 1. Separate judiciary and Gov 2. Supreme Court - took senior judges out of the HOL. Acts as a genuinely independent body. 3. Appointment of senior judges JAC -set to ensure all candidates be suitable.
57
Coalition
20 10-15
58
Fixed term palriemnrs act 2011
There could be disagreement within government without the danger of it falling apart Take away PM power to call general election
59
Recall of MPS act
When 2015 Voters can trigger by election to remove an MP who committed serious misconduct. 2 MPs lost their seats 8n 2019
60
Devolution to wales
2006 Gov of Wales Act Further powers for 20 keys areas could be transferred from Westminster to wales if ppl of Wales request it.
61
Silk Commission
Investigate ways in which financial powers could be devolve.
62
HOL reform act
2014 to allow members to resign / retire 2015, remove a peer who had breached code of conduct
63
Scottish and Welsh devolution extension
Wales some proposals from silk commission passed in Wales Act 2017, similar levels of legislative and fiscal powers to Scotland. 2020, Welsh Assembly became Welsh Parliament
64
West Lothian Q
Issue raised by Labour MP that MPs from Scotland, wales , NI vote on matters that only affect England , but Dng couldn’t vote on issues passed to devolved bodies.
65
EVEL
Decisions on England only matters made mainly by English MPs.
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67
Leaving the EU
Undoing 47 years worth of the EEC and EU legislation.
68
Nature of devolution
Delegating power but not sovereignty from Parliament to specific regions of the country. Can be returned to Parliament thru a constitutional statute
69
1999
Welsh assembly elected and holds first meeting
70
2002 NI
NIA suspended
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2007
NI devolved gov is restored.
72
2014
Wales act -Gov power over many taxes + promises referudm on income tax-raising powers
73
2020
Welsh assembly renamed Welsh Parliament Gov of NI restored in Jan following agreement between Sinn Fein and DUP
74
English parliament
1. Too large as a devolved body -dominate any national parliament 2. Lack of demand
75
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