Unit 2 - The constitution

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  • Created by: Julia
  • Created on: 28-04-13 18:48
Codified constitution
A single, authoritative, document that sets out the laws, rules and principles on how a state is to be governed and the rights of citizens . e.g. USA
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Uncodified constitution
A constitution in which the laws, rules and principles of a country specifying how a state should be governed are not gathered in a single document. Instead tey are found in a variety of sources - some written, others not. e.g. UK
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Unitary constitution
One in which sovereignty is located at the centre. Central gov. has supremacy over their tiers of gov. which it can reform or abolish and all parts governed in the same way e.g. in Britain - Westminster
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Entrenched
Secured, difficult to change. If a constitution is entrenched there are special procedures for its amendment, making it more diff. to change than normal leg. e.g. US constitution
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Federal constitution
Divides sovereignty between 2 tiers of gov. Power is shared between national (federal) gov and regional (state) gov (which is protected by the con.) e.g. US and Germany con.
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Rigid
Principles & institutions assume the character of fundamental law. Procedure deliberately difficult so nothing will change without due consideration e.g.US con.
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Flexible (RARE)
The constitution can be amended easily, even drastic changes can be made by passing Act of Parliament, though growing custom that fundamental changes would require referendum e.g. British and New Zealand constitution
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Bill of Rights
Authorative statement of the rights of citizens , often entrenched as part of a codified constitution. Basic rights are guaranteed & spells out relationship between state and citizens. e.g. US Bill of Rights (1791)
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Limited government
A system in which the powers of government are subject to legal constraints & checks & balances within the system. This prevents an over-mighty gov and the rights of citizens and protected from arbitrary state pwer
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Fundamental law
Law derived from decisions in court cases & general customs. This is placed above ordinary law made by the legislature. A constitutional/supreme court decides whether its provisions have been violated e.g. codified constitution in US
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Royal Prerogative
The powers exercised in the name of the crown. The crown retains a number of formal powers that date back to the period before the UK became a constitutional monarchy in late 17th C. e.g. declaring war, dissolving parliament, appointing gov ministers
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Salisbury-Addison convention
States the H of L should not vote down or wreck bills that seek to enact a manifesto commitment of the governing party
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HRA (1998)
The statute which incorporated most of the rights contained in the EC on HR into UK law and allows for any breach to go to UK courts rather than Strasbourg e.g. Killers of James Bulger identities hidden
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ECHR (1950)
Convention protected rights of citizens. Most provisions enshrined by the HRA in Britain all bills introduced at Westminster must receive a declaration of compatibility with ECHR e.g. right to life
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FOIA (2000)
Gave individuals a general right of access to personal held on them by public bodies. However, information can be withheld on the grounds of national security/public safety. e.g. Expenses story began with journalist's request under FOIA
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DPA (1998)
Provides guarantees : restrictions on storage of personal data, limits sharing of data between organisations and gives individuals right to see the information.
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Parliamentary sovereignty
Doctrine that parliament has absolute legal authority within the state. Has legislative supremacy: parliament can make law on any matter it chooses - decisions may not be overturned by any authority and may not bind it successors. ?EU membership?
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Judicial review
The power of senior judges to review the actions of government, public authorities, declaring them unlawful if they have exceeded their authority.
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Judicial independence
The principle that those in the judiciary should be free from political control and so allowing judges to apply justice, with no fear of the consequences.
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Judiciary
The collective noun referring to all UK judges, from lay magistrates to the Justices of the UK supreme court.
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Ultra Vires
From the Latin meaning "beyond the authority". The process of judicial review can be used to determine whether or not a minister or other gov official has acted above the law (ultra vires).
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Factortame case
A case in which the European court of Justice established the precedent that UK courts can suspend UK sattute law where it appears to violate EU law (at least until determined by EU court) from shipping comp. (1988).
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Other cards in this set

Card 2

Front

A constitution in which the laws, rules and principles of a country specifying how a state should be governed are not gathered in a single document. Instead tey are found in a variety of sources - some written, others not. e.g. UK

Back

Uncodified constitution

Card 3

Front

One in which sovereignty is located at the centre. Central gov. has supremacy over their tiers of gov. which it can reform or abolish and all parts governed in the same way e.g. in Britain - Westminster

Back

Preview of the back of card 3

Card 4

Front

Secured, difficult to change. If a constitution is entrenched there are special procedures for its amendment, making it more diff. to change than normal leg. e.g. US constitution

Back

Preview of the back of card 4

Card 5

Front

Divides sovereignty between 2 tiers of gov. Power is shared between national (federal) gov and regional (state) gov (which is protected by the con.) e.g. US and Germany con.

Back

Preview of the back of card 5
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