Constitution V2

Question 1

ultimate function of a constitution

Answer 1

• limits the power of governments
• sets out what rights citizens have

Question 2

nature of uk constitution

Answer 2

-rule of law
-unitary state
-parliamentary soviernegty
-uncodified

Question 3

what is a codified constitution

Answer 3

-all rules set out in one document
eg usa

Question 4

pros of codified

Answer 4

• easy for public to access it and understand it easier
  -safeguard against tyrannical leader
  -clear framework to exercise power

Question 5

cons of codified

Answer 5

• rigid and less adaptive to changing circumstances
• outdated
• difficult to amend (entrenched)

Question 6

uncodified constitution

Answer 6

rules not set out in 1 document

Question 7

pros of unmodified

Answer 7

-flexbile, (adapt overtime as society attitudes changes) resulting in a living constituion EG same sex marriage act 2013
- no entrenchment (easy to change in times of crisis)

Question 8

sources of uk constitution

Answer 8

-common law
-statute law
-authoritative works
-conventions
-royal prerogative

Question 9

cons of uncodifiied

Answer 9

• hard to access (people don’t know their rights)
• can lead to uncertainty to whether something is constitutional

Question 10

what is common law

Answer 10

• judge made law, tested in court
• devloped by judges through their rulings
• relies heavily on the principle of precident

Question 11

statute law

Answer 11

• law that is made in parliament and then goes into the statute book
  -eg hra 1998
• takes precidence over common law and other sources
• has a formal parliamentary process EG recieves royal assent

Question 12

royal prerogative

Answer 12

• power historically held by the monarch but passed down to pm and top ministers overtime
• eg bj 2019 prorouging parliament

Question 13

conventions

Answer 13

• unwritten understanding of how something works
  -eg salisbury convention ( h o L cannot block any legislation proposed in the parties manifesto)

Question 14

authoritative works

Answer 14

-historical books written by constitutional experts
- eg av dicey rule of law
- not legally binding
- provide valuable insight into the proper or correct way the constitution is understood

Question 15

what is rule of law

Answer 15

• no one is above the law and no one can be punished without trial
  -everyone can be prosecuted (gov must comply with law)

Question 16

what is parliamentary sovierngty

Answer 16

• parliament is the supreme law making body in the uk
  -legislation cannot be overturned

Question 17

individual and and collective rights:
individual

Answer 17

• rights that an individual has granted by the constitution
  -eg protected by hra 1998 right to life + privacy

Question 18

collective rights

Answer 18

-rights that a group or organisation has
-eg right. to join a trade union in search of better working conditions q

Question 19

what did the freedom of information act do

Answer 19

• focused on increasing transparency in public aurthotiries
• grants the public a right of access to information held by public authorities in England

Question 20

when was the freedom of information act

Answer 20

2000

Question 21

bill of rights 1689

Answer 21

-established the idea that the monarchs power is reliant on the consent of parliament
-freedom of speech within parliament

Question 21

parliament act 1911 + 49

Answer 21

1911: prevented the lords from delaying money bills + prevented them delaying other bills for more than 2 years
1949: reduce that power to 1 year

Question 22

DEVELOPMENT OF THE CONSTITUTION: Magna Carta 1215

Answer 22

• first time a monarch had their power limited
  -it was a statement of rights of the individual

Question 23

European communities act 1972

Answer 23

-piece of legislation that entered Britain into the eu
-this gave eu law precedence over uk law
- Brexit involved undoing this act

Question 24

CONSTITUTITONAL REFORM SINCE 1997: why was reform possible now

Answer 24

- when new labour came into power under Tony Blair they promised a wide range of reforms - which was now possible since the Labour Party had political control (180 seat majority)

Question 25

1999 House of Lords reform act

Answer 25

- removed all by 92 hereditary peers -H of L became a mostly appointed chamber based on merit (more legitimacy)

Question 26

significance of lords having life peerage

Answer 26

-with lords having life peerage it means lords can consider the long termm interests of the country

Question 27

1998 HRA

Answer 27

- protected the basic rights and freedom of individuals EG right to life + fair trial

Question 28

what did the HRA 1998 incorporate into uk law

Answer 28

- European convention of human rights

Question 29

why was HRa effective

Answer 29

-it lay out the rights of a British citizen in one easily accessible piece of legislation

Question 30

controversy surrounding hra

Answer 30

- some conservatives resent the link to the European court of human rights in Strasbourg -want to replace hra with a British bill of rights

Question 31

constitutional reform act 2005

Answer 31

- replaced the law lords and h o l with Supreme Court -established an independent judicial body (Supreme Court) (increased separated of powers)

Question 32

how were judicial appointments made before cra 05

Answer 32

- made by pm and lord chancellor

Question 33

how were judicial appointments made after cra

Answer 33

- JAC or judicial appointment committee - appointing candidates bates on legal qualifications -increased merit

Question 34

problem with JAC

Answer 34

- JAC can only make recommendations -to become final the recommendations have to be approved by lord chancellor and then pm and then monarch

Question 35

when was the fixed term parliament act

Answer 35

2011

Question 36

what did the fix term parliament act do

Answer 36

-set a 5 year fixed term parliament

Question 37

when was the recall of mps act

Answer 37

2015

Question 38

what did the recall of mps act do

Answer 38

provision for constituents to recall their member of Parliament (MP) and trigger a by-election.

Question 39

why do bi elections happen

Answer 39

-whenever an mp resigns or has to step down - eg bj resigning as MP over party gate scandal