The UK constitution

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Define the constitution
A set of principles that establish the distribution of power within a political system, relationships between political institutions, the limits of government, the rights of citizens and methods of amending the constitution.
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Define a codified constitution
A written constitution on a single document therefore it has a single source. It usually occurs after a critical moment in history like a revolution or coup.
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Define an uncodified constitution
Where the UK constitution is located in different sources: Statute law, Common law, Conventions, Works of authority (authoritative text) and treaties and laws of the EU. Only UK, New Zealand and Israel have one.
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Define Separate of Powers (mention horizontal and vertical)
Separation of Powers splits the branches into 3 to stop people from gaining too much power. Power is divided horizontally into 3 branches and divided vertically between federal and state government.
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Define checks and balances
Checks and Balances prevents any single branch from acting alone and becoming too powerful. A branch can use its powers to prevent another branch from taking a particular action.
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Define the term entrenched
Set in stone, and hard to amend in the future. Constitutional laws are purposely much harder to amend than normal laws.
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What are fundamental/higher laws?
Makes sure all laws are compatible and any unconstitutional laws can be struck down by the Supreme Court.
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What is a unitary constitution?
Where legal sovereignty lies within one location.
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What is a federal constitution?
Where legal sovereignty is shared between the centre and regional bodies.
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Define the Judicial Review
It is necessary for the courts of justice to interpret the meaning of some of its terms as very often the constitution is not clear and needs updating due to new developments in society. Judges are constantly re-interepting and re-evaulting meanings.
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Define quasi-federalism
Parliament is sovereign but power has been shared with regional bodies.
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Where power lies in the UK?
PM, the Government, EU, Devolution, Referendums and the ECHR.
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Key points FOR the UK having a codified constitution
Provides clear rules&laws in one doc, introduces checks&balances, protection from extremists, introduces Bill of Rights, easier to understand as has one source, establishes proper separation of powers, Supreme Court has greater power.
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Key points AGAINST the UK having a codified constitution
Inflexible, hard to amend, can lead to judicial tyranny, limits government power, has allowed Parliament to have flexible to respond to crises, can become out of date, UK has HRA, very time consuming to write and expensive.
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What are the 5 sources of the UK constitution?
Statute law (law passed by Parliament), common law (made by the judiciary), constitution conventions (unwritten rule thats considered binding), authoritative text (sources of guidance of how the constitution operates), treaties+law of the EU
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What is the Royal Prerogative and the Divine Right of Kings?
RP- The power and authority recognised as belonging solely to the monarch, above all other persons. DR- Monarch believes that their right to rule came directly from god, and they were therefore not subject to the will of the people.
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What was the Magna Carta (1215) and why was it significant in establishing the Rule of Law?
MC was a written agreements signed by King John+the tenants in Chief, where the King agreed to put limits on his authority as monarch. Helped establish the RL as it stated that no one is above the law, including the King.
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When and why did England adopt a codified constitution and why didn't it last?
English Civil War (1642-51) led to King Charles being executed . Cromwell became Lord Protector of the Realm+for 11 years the country was Republic. Instrument of Government 1653 was established but in 1660 the monarchy was restored+republic dissolved
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Difference between the rule of law and arbitrary power?
Rule of Law is the restriction of the arbitrary exercise of power by sub-ordinating it to well-detailed and established laws. Arbitrary powers are powers without any legal basis or limits.
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What are constitutional statues and how are they different to normal statues?
One that either significantly changed the legal relationship between citizen and state or one that greatly changed fundamental constitutional rights. They cannot be repealed simply because a new law conflicted with them. EG= Magna Carta, HRA.
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How has the royal prerogative been impacted by recent constitutional reforms?
Fixed Term Parliament Act 2011+Constitutional Reform+Governance Act 2010 overrode+replaced several prerogative powers. Cabinet Manual Cpt 5 acknowledges that before the military has given orders the HOC should be able to debate+vote on the issue.
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How are conventions established?
Rely upon common agreements. Conventions evolved over a considerable span of time, as expectations gradually change.
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How are authoritative texts a source of our constitution?
A.V. Dicey- established parliamentary democracy+the rule of law as core concepts of the UK const. The English Constitution by Walter Bagehot provided an influential explanation of p democracy+ how cabinet gov actually operates.
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What are treaties?
International agreements which are negotiated by the govt. Treaties require Acts of Parliament to authorise spending, or changes to existing UK laws. EG: Treat of Union 1707 agreed to merge E+S Parliament. But the Act of Union 1707 implemented it.
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Who decides what royal prerogative powers exsist?
The judges decide the prerogative powers and they are shaped by common law and limited by conventions.
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Why are the Parliament Act (1911 and 1949) important constitutional statutes?
1911 removed the HoL veto over legislation+replaced it with the power to delay non money bills for 2 years. 1949 reduced the HoL power to delay non money bills from 2 years to 1 year.
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Where can you find common law?
Found in court records, and judicial decisions.
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Which courts have the power to establish precedent?
Only the highest courts, Supreme Court and Court of Appeal have the powers to establish new common law precedent. Lower courts are expected to follow these when deciding similar cases.
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What is the relationship between statues and common law? Which is supreme?
Statues override common law. If statutes say one thing but the past decision says another, statute wins.
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Other cards in this set

Card 2

Front

Define a codified constitution

Back

A written constitution on a single document therefore it has a single source. It usually occurs after a critical moment in history like a revolution or coup.

Card 3

Front

Define an uncodified constitution

Back

Preview of the front of card 3

Card 4

Front

Define Separate of Powers (mention horizontal and vertical)

Back

Preview of the front of card 4

Card 5

Front

Define checks and balances

Back

Preview of the front of card 5
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