The British Constitution- key topic 1

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  • Created by: 11rsims
  • Created on: 05-06-17 20:19
What is a constitution?
it is a body of rules that defines the manner in which a state or society is organised, it states how soverign power is distributed between gov and people, provides a framework where more complex rules can be built
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What are codified and uncodified constitutions?
Codified=a single authortative document (USA), Uncodified (drawing upon a range of written and unwritten sources)
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What are the main sources of the British constiturion?
Statute law,common law, conventions, Eu laws, works of authority
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What are statute laws, common laws, and conventions?
Statute laws=consists of the act of parliament that define relationship between people and gove (HRA) can make or unmake existing kaws, common=established customs by judges, Conventions=traditions that have evolved over time (collective responsibilty
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What are EU laws and works of authority?
Eu laws= 1972 European communities act, authority= scholarly texts served to codify practices not outlined on paper anywhere else
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How can constitutional change be made?
documents can be flexible and interpretive amendments can be made by judicarys who rework documents and apply them to new ages, in 1996 handguns were banned when 16 school children were shot in Dunblane,Referendums and judges rulings can cause change
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What constitutional reform did Labour make?
1997- Labour won with a 179 seat commons majority, so had a popular mandate, people believed there would be a massive constitutional change but was dissapointed, Lords reform saw 92 hereditary peers lose their right to vote,2003 rejected models
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What changes did Labour make to Elections and Referendums>
In 2007 commons voted for an entirely elected second chamber, Jenkins commision suggested AV to be adopted for general election, independent electoral commision established under PPERA act of 2000 (monotoring elections, party funding expenditure)
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What was the rights and Reform of the judicary?
HRA inorparated most provisions of European Conventioon on human rights in to UK law, Freedom of information act 2000gave people the right to request info held by public bodies, consitutional reform axt 2006-a new supreme court
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what reform was made under the 2010 coalition?
enhanced powers for devolved institutions, Uk referendum on a new electoral system, 2011 house of lords reform draft bill was basically a rehash of Labours 2007 white paper on lords reform
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What are the principles of the UK constitution?
parliamentry soverignty, government under a constitutional monarch, the rule of law, unitary state
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What is Parlimentry soverignty? what is government like under a constitutional monarch?
soverignty= basd upon the interlocking principles that parliament can make/unmake any UK law, only parliamwnt can make law, parliament cant bind successors Monarch=bicameral parliament operates alongside a constitutional monarch,its more symbollic
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What is unitary state and rule of law?
unitary state=ultimate power in the UK is held at westminister, other places have devolved powers which can be taken away, Rule=no one can be punished without trial, no one is above the law,principles of constitution come from judges
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What was the effects of the passing of the European communities act?
undermined parliamentry soverignty,reduces uk parliaments ability to prevent europe-wide policies being imposed on UK citizens, this could be resolved by leaving the EU
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What is the judicary and how is it organised?
it is a collective noun referring to all the UK judges. the order goes (from top to bottom)- UK supreme court,court of appeal, high court, crown court and county courts
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How do the different levels of the judicary act?
lower levels=preside over trials,guide the jury,impose sentences, High court=hears more serious cases and hear cases on appeal, Supreme court=clarrify the means of law,deal with issues that confuse lower courts, hears cases from appeal courts
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what is civil law? what groups are involved?
Concerned with the interrelationships between different groups, county courts=small scale civil cases (wills,divorce), High court=more complex cases (Queens bench divison,family division,chancery divison),court of appeal=appeal from lower courts
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what is criminal law? what groups are involved?
crimes of a group against the state, magistrates=minor criminal cases (98%), crown=more serious crimes,appeals from magistrates courts, Court of appeal=hears criminal cases on appeal from lower courts
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what is the new supreme court?
2009=11 of the 12 law lords in the house of lords moved to Middlesex guidehall, they becane the first justices of the suprene court, Sir John Dyson was the first member of the court to be appointed under the new appointment process (2005)
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what is judicial appoinments?
senior judicary comprimises justices of the supreme court, head of divisions, lord justices of appeal, high court judges, appointments made by monarch, PM and Lord chancellor, this lacked transparency comprimised seperation of powers,no represntation
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how were judicial appointments reformed?
2005 Lord chancellors powers given to an Independent Judicial Appoinment Commission,2008= 10 people appointed to be high court judges were all white, male and former barristers, First year=8% black or asian, 34% women
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what are the qualifications for office?
held high judicial office for at least 2 years, been a qualifying practitioner for 15 years (a holder of a seniour courts qualification, member of the bar of NI or advocate in scotland)
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what is the selection commission?
This Ad-hoc 5 member commission comprimises= president of the supreme court, deputy president of the supreme court, one member of the judicial appointments commission, 1 member of the judicial appointments board for scotland, 1 member of NI JAC
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how are members of the selection commission appointed?
a vacancy arises, selection commission considers nominees based on merit, submits a report to the lord chancellor making a nominee, if the lord chancelor approves the PM must reccomend a candidate to the queen, the queen issues letters patent
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what is the impact of the new supreme court?
more of a change in form than substance, (anti-terroism crime and security act 2001, the prevention of terrorism act 2005), 2010 supreme court ruled that the UK tresury acted ultra vires when implementing terrorism policy
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what are tangibles?
appointment process is less opaque and more independent, change in power has been shifted from law lords to the new court, judicial independence has been enhanced due to clear seperation of powers
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what are intangibles?
the new court in a new building will raise its profile and distinct character, relationship between media and social judges, courts websites have downloadable text of rulings allowing greater scrutiny
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What is the human right acts?
passed in 1998 came in to force in 2000, it placed it with the nation rather than EU law, it is not superior to the parliamentry statute, it has enhanced the protection of individuals in the UK
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What is the HRA like in practice?
does not have same status as EU law or USA bill of rights,courts cannot void parliamentry statute under HRA but they can make a decleration of incompatabilityAnti terrorism acts passed under article 5,granting annonymity to james bulger killers
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What is the independence and neutrality of judges?
judicary should be free from public control, judges should "do the right thing" and should apply justice properly without fear of consequences, some judges however let opinions cloud their judgement
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how is independence of the judicary maintained?
hard for judges in a high level to be removed, they can only be removed if there is a majority in both houses for impeachment, guarenteed salaries free from political manipulation, offence for ministers to speak out in legal proceedings, training
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Card 2

Front

What are codified and uncodified constitutions?

Back

Codified=a single authortative document (USA), Uncodified (drawing upon a range of written and unwritten sources)

Card 3

Front

What are the main sources of the British constiturion?

Back

Preview of the front of card 3

Card 4

Front

What are statute laws, common laws, and conventions?

Back

Preview of the front of card 4

Card 5

Front

What are EU laws and works of authority?

Back

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