The consitution
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- Created by: cbessant12
- Created on: 23-02-18 10:59
Constitution definition
A set of principles, which may be written or unwritten, setting out the distribution of power within a political system
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What is constitutionalism?
The principle that power of government should be constrained typically through codified constitution
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How is constitutionalism typically achieved?
Codified constitution, a bill of rights. a separation of powers, and federalism
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What do supporters of constitutionalism seek?
Constitutional government OR absolute government
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What is constitutional government?
A limited government
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What is absolute government
A government that faces no legal or constitutional restrictions and can do entirely as it pleases
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What are the most important milestones of the UK constitution?
(1215) Magna Carta, (1689) The bill of rights, (1911) The parliament act, (2017) european withdrawal act
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Magna Carta 1215
the principle that the law applies to all, even the king
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" the principle that the law applies to all, even the king "
Magna Carta 1215
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The bill of rights 1689
Established that parliament is legally sovereign, not the monarch
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" Established that parliament is legally sovereign, not the monarch "
The bill of rights 1689
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The parliament act 1911
Removed the house of lords power to block money bills and gave the HOC ability to bypass HOL after 2 years
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" Removed the house of lords power to block money bills and gave the HOC ability to bypass HOL after 2 years"
Parliament act 2011
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The EU withdrawal act 2017
Gave PM authority to activate article 50 of the lisbon treaty
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" Gave PM authority to activate article 50 of the lisbon treaty "
The EU withdrawal act 2017
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" Gave PM authority to activate article 50 of the lisbon treaty "
The EU withdrawal act 2017
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What does codified mean?
Written in a single document
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If a constitution is codified what are they also?
Entrenched
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What does it mean if a constitution is entrenched?
Special procedures must be followed in order to change them
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What is a unitary constitution
ultimate legal sovereignty resides in one location, this means that yes power may be distributed but it can be taken away
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What is a federal constitution?
Where sovereignty is divided between central bodies and regional institutions
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What is the UK constitution?
unentrenched, uncodified and unitary
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What is meant by the UK having parliamentary sovereignty
Westminster parliament has legal supremacy, it is the ultimate law making body. Legalisation cant be overturned by a higher authority, westminster can legislate anything, no parliament can blind its successors
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What is meant by all authorities show respect for the rule of law?
All Uk citizens are under the law including the royal family. All citizens are equal under the law. All citizens have a right to a fair trial
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Example where Mps have been under the rule of law
In 2011 the four MPs and 2 peers when to prison for fiddling with finances
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Statistic about prisoners in UK and HOC
In the UK 0.13 of general population was in jail, but 0.61 per cent of HOC were in jail
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What is statute law?
Created by parliament and known as acts of parliament. To become a bill to be approved it has to go through HOL, HOC and signed by the monarch.
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What is a non significant statute law
Sunbeds regulation act 2010
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Great reform act 1832
Extended the franchise
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Which statute law extended the franchise
Great Reform act 1832
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What was the parliament act 1911
Madethe HOC more powerful than the HOL
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What statute law made the the HOC more powerful than the HOL
Parliament act 1911
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What was the scotland act 1998
Granted devolution to scotland
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What act granted devolution to scotland
Scotland Act 1998
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What is the Human rights act 1998
enshrined basic rights into UK law
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What act enshrined basic rights into UK law
Human rights act 1998
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What is the house of lords act 1999
Removed all but 92 hereditary peers
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What act removed nearly all hereditary peers
House of lords act 1999
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What was the constitutional reform act 2005
made a supreme court
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What act made a supreme court
Constitutional reform act 2005
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What is the fixed parliament act 2011
Created a system of relatively fixed terms
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Why is statute law the most important part of the UK constitution?
Because parliament is sovereign body, meaning statute law has legal supermacy
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Why is statute law relatively easy to change?
Because the UK constitution is entrenched no special procedures are needed to change it making it easier
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What is common law?
Judges interpret statute laws and the way they do this becomes part of the body of common law.
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What happens if a minister does not approve with a decision a judge has made?
The minister can ask parliament to create a new statute law which 'trups' the judge made common law
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Give an example of a law made by judges?
2016 Gina Miller Brexit Case
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Explain treaties (including EU law)
On 1/1/1973 the Uk became a member of the EU. All legislation and judgments (from european court of justice) have become part of UK constitution automatically
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What will happen to EU law and our constitution once we leave the EU
EU law still applies to us during the two year process however once we leave no future EU law will apply
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What are conventions?
Conventions are rules that are considered to be binding.
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Name some famous conventions?
After an election the monarch invited the leader of the winning party to become PM. The monarch only comes to parliament once a year for the state opening of parliament.
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What are authoritative texts?
Accepted works of the constitutions but have no formal legal authority. Helpful in interpreting obscure areas of practice, they are guidance
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What are the advantages of the UK constitution being uncodified?
Can be easily amended to keep up with societys changes
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What are the advantages of the UK constitution being unentrenched?
Changes can be made easily
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What are the advantages of the UK constitution being unitary?
Things can happen quickly and on a large scale. Managing the economy is easier and taxes go to better use. Not only this but they can take back power if needed (e.g. NILA)
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What are the advantages of the UK constitution upholding the rule of law?
There is no bias. Everyone is treated fairly, uphold human rights
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What are the disadvantages of the UK constitution being uncodified?
No formal protection of rights. easily changed by over legalising governments (Labour 1997-2005)
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What are the disadvantages of the UK constitution being unentrenched?
Rights can be changed very easily, less power for the people, makes the public vunrable
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What are the disadvantages of the UK constitution being unitary?
Easy for the government to fall out of touch with what the people really need. Response is slow for smaller issues. Easier for dictators. Communities lost
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Advantages of having a very powerful executive?
Means that parliament can make changes very easily
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Problems with having a powerful executive?
They would have the ability to take away people's power. There is a threat to liberty
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With recent changes to the constitution what goals did the government have in mind?
Democratisation (making UK more democratic) Decentralisation (spreading power out) Defending rights (protecting civil liberties)
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What changes have there been under labour governments from 1997-2007?
House of lords reform, Devolution, electoral reform in scotland, wales and northern ireland, human rights act, supreme court
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What was the house of lords reform?
(1999) removed all hereditary peers apart from 92, and prevented these 92 from passing on their peerage
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What devolution acts were there? Link to referendums
1997 Scottish and Welsh devolution (Scottish ref 74% yes) (welsh ref 50.3% yes).. After 1998 good friday agreement (71% yes) Northern Ireland got a parliament however has recently been suspended
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What did labour attempt to do with a regional assembly?
held a referendum in 2004 for a NE regional assembly but 78% voted no
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How did labour achieve electoral reform and why?
Gave NILA STV as they needed the best PR system due to conflicts in the past. Gave Scotland AMS because everyone but lab wanted STV however labour wanted SV so ams was the compromise. Same for Wales
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What was the 2005 constitutional reform act?
Supreme court highest court in the land when before it was the house of lords
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What constitutional changes were there under Conservative (and LD)?
ATTEMPTED electoral reform, 2011 fixed term parliament act, 2017 EU withdrawal act
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Other cards in this set
Card 2
Front
What is constitutionalism?
Back
The principle that power of government should be constrained typically through codified constitution
Card 3
Front
How is constitutionalism typically achieved?
Back
Card 4
Front
What do supporters of constitutionalism seek?
Back
Card 5
Front
What is constitutional government?
Back
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