Gov 2 constitution

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  • Created by: erogers27
  • Created on: 06-06-17 13:26
Codified/uncodified
C-revolutionary U-evolutionary
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How do you amend C in US
2/3 of each chamber of the L (house and senate) before being ratified by 3/4 of the 50 US states
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How are C amended in Europe
Simple referendum or public vote
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How many seats was labours majority in 97
179
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What were labours prospects of an entirely new C settlement
CC,BoR,elected upper chamber,more proportional electoral system,state funding of political parties,reform of monarchy
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Parliament reforms labour
All but 92 H peers were removed, second reform stalled in 03 when P rejected all 8 models for reformed chamber
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What did HRA do
Incorporated most of the provisions of ECHR into U.K. Law.citizens could seek redress in U.K. Courts without having to go to ECourtHR in Strasbourg.
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C reform under coalition
Commons reducing in size and more equal consistencies,enhanced powers of devolved institutions,AV
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March 2011 ref
Granted Welsh assembly primary legislative powers
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Principles of constitution
PS, parliamentary government under constitutional monarch,rule of law,Unitary state
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Bicameral
Body most common legislature compromising of two chambers
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A.V.Dicey stand on rule of law
No one punished without trial,no one above the law and are subject to same justice,general principles of the constitution result from the devious of judges rather than from parliamentary statue or executive order
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What's bad about ECA 72
Undermined ps,incorporated the treaty of Rome giving higher status, eurosceptics feared the extension of qualified majority voting in the council of ministers further reduces the UK parliaments ability to prevent Europe wide policies being imposed
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What do J do at lower levels of the Judiciary
Preside over trials give guidance to the inquiry and impose sentences
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J at high court
More serious cases and can also hear cases on appeal
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J in court of appeal/ SC
Concerned with clarifying the meaning of the law rather than applying it.set precedent
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What was appellate committee
In HOL acted as the highest court in the land- changed under C reform act 05
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What are higher tiers of J allowed to do
Power to set precedent thereby establishing common law-letter of the law
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Civil law
Concerned with interrelationships between different individuals and groups. Civil cases generally involve matters like wills and contracts. Most successful cases-compensation.
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Criminal law
Dels with crimes by an individual or group against a state.come to the state and lead to fines and impriosnment
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Magistrates court
Minor criminal cases 99%. M have the task of identifying cases that are indictable
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Crown court
Deal with more serious criminal cases and appeals from magistrates courts
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Court of appeal
Criminal division of the court of appeal hears criminal cases on appeal from lower courts
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12 lords of appeal in ordinary
Law lords that sat in HOL preformed similar role to US Supreme Court justices.heard appeals by the COA and clarified the meaning of contentious points of law
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U.K. SC 09
11/12 law lords moved to SC Middlesex Guidlhall- became the first justices of the new UK SC.
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Who is sir john dyson
12 member of SC and 1st member to be elected by new process
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Roles took on in SC
Final court of appeal in E,W,NI, hear appeals on issues of public importance surrounding arguable points of law,hear appeals from civil cases/ criminal- all but S (high court of justiciary)
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How were judges appointed
Monarch by nominations by PM, LC- customarily consulted serving senior judges through process known as 'secret soundings
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How were lower level judges appointed
Advertised. LC was under no obligation to appoint from among those who had formally applied.system lacked transparency and by Sep of pow most were selected by narrow social circle
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WhT did L do in 03 limit LC
Gave power to the independent judicial appointments commissions JAC. Hoped that it was to result in a senior judiciary that was more representative of the broader population
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Guardian Cristina of JAC on 28th Jan 08
Approved 2- individuals to become high court judges and of -0 had already been given posts. 10-male white barristers, 9 educated in Britain,6 leading independent schools belonging to the headmasters and hesdmistresses confernecdmHMC
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Jack straw conceded that- appointments
Theses recommended for judicial appointments at all levels by JAC in 1st year 8% black Asian backgrounds 14% in 05/06 34% women 41% in 05/06
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Qualifications to be appointed
Held a high judicial office for at least 2 years, been a qualifying practitioner for a period of 15 years.
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Who are qualifying practitioners
Holder of senior courts position, advocate or a solicitor entitled to appear in the Scottish court of session and high court of justiciary, member of the bar of NI or a solicitor of the court of judicatory of NI
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How will vacancies of the Supreme Court be filled by
Selection commission separate from the JAC that was created to selected other members of the senior judiciary
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Stages 2 and 3 of appointing a justice of Supreme Court
5 member selection commission is convened to consider possible nominees and make a selection on merit. Given to LC naming a nomieee. LC can either accept reject or red quest another, then gives pm, then selects, then queen
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Treasury freezing assets of suspected terrorists- 27th Jan 10
Ultra vires-when implementing Terrorism order of 06 and the Al Qaida and Taliban AQO. Freezes without trial- entriched human rights- used HRA1998
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Tangibles of HOL reform
appointments and composition (less opaque/effect of composition of ten court)power (taken on roles previously held by those law lords serving in the appellate committee, JI (SoP,however friction between J+L increasing-worked b4)
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Intangibles of SC
Importance of physical seperation(giving court building will raise profile giving identity) lifting of the restriction on television cameras, chages in ruling( courts have downloadable texts and press summaries-greater public scrutiny) relationships
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European convention of human rights
Established by the council of Europe 50, investigated by the European Commission on HR and tried in the European court of human rights
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Why can courts not declare statues unconstitutional
Statue law is the supreme source of constitutional law in the U.K.
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HRA 1998-forced oct 2000
Incorporated ECHR to U.K. Law. Based upon the council of europes ECHR rather tha. EU law it is not superior to parliamentary statue
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How is j neutralists maintained
Security of tenure,pay, contempt of court, training and expertise, ,independent appointment committee
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Bill of rights
Authors give statement of the rights of citizens often entrenched as part of a CC
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Limited government
System in which the powers of gov are subject to legal constraints ,checks and balances
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Emma Rogers quote
A constitution therefore is not a detailed blueprint but a reference point for an evolving political system
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Constitution codified is part of what law
Fundamental-law which forms the foundation of the government of state. 2 tier
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How many amendments have their been to the USC
17 amendments since the 1791 bill of rights
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Status of law of UKC
Ordinary law- there is no hierarchy of laws
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E.g. Of a statue not being constitutional significant
Legislation on funding of schools will have an important effect on policy but not on C
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Examples to highlight conventions ambiguity
Appointing PM (should be of HOC,hung par) ministerial responsibility (collective/ministerial responsibility) sailbury convention(peers voted against coalition legislation saying have clear mandate)
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Principles of British constitution
PS,RoL, unitary state, parliamentary gov in a constitutional monarchy
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What raises Q on PS
Devolution, referendums and EU membership, JR
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Why is it that rule of law is an essential feistier in s liberal democracy
PS enables p to abolish these rights but would be regarded as illegitimate and anti democratic making it untenable.HRA give greater civil liberties
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Feature of unitary constitution
Central gove has supremacy over other tiers of government,centralised and homogeneous state
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What did vernon bogdanor say
We are a quasi federal constitution
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Examples of p making laws on any matter
Parliament act (11) delaying bill to 1 year in (49)
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Who coined the phrase elective dictatorship
Lord hailsham in 1976-was lord chancellor- gov can do whatever it wants as has majority in par
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Who developed the theory of seperation of powers
French philosopher Montesquieu which influenced the American founding fathers
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What did sir William black stone claim about parliament
"Can in short do everything that is not naturally impossible"
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Pooled sovereignty
Deck on making authority of the member states of an international organisation is combined. This is said to enhance the collective power and active the joint interests of the member states producing outcomes that could not have been reached by an ind
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What happens when a legislation is incompatible to ECHR
Where're they should amend the law or launch an appeal.law deemed contrary to human rights will lack moral authority and subject o further legal challenge. 27 declarations by 2011 8 overturned
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Westminister model
Parliament is sovereign eg uk the executive and legislative are fused and political power is centralised
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Strengths of UKS
Adaptability, evolution,strong giv,accountability,
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Weaknesses of consitution
Lack of clarity,concentration of power,outdated and undemocratic
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Problems of the C in 1920
'Irish Q' provoking civil war 1921 created Irish free state (rep of ire inn49) crisis when HOL refused to support the liberal gov budget of 1909. Resolved under p act 1911
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Problems of c in 70's
Lord hailsham warned elective D. S.E Finer beliveved FPTO caused adversarial politics- instability PR as the remedy
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C under pressure by thatcher and major
Centralisation of political powered abolition of the greater London council,defused demands of Scottish devolution, fptp not efficient as won 4 elections without majority vote,sleaze cases
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Consitution reform
HRA,
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Card 2

Front

How do you amend C in US

Back

2/3 of each chamber of the L (house and senate) before being ratified by 3/4 of the 50 US states

Card 3

Front

How are C amended in Europe

Back

Preview of the front of card 3

Card 4

Front

How many seats was labours majority in 97

Back

Preview of the front of card 4

Card 5

Front

What were labours prospects of an entirely new C settlement

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Preview of the front of card 5
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