How a leader is elected and removed from office; How a legislative body is formed; Peoples rights; How to change the constitution; Voting systems.
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In 3 words describe the UK constitution.
Uncodified; Flexible; Quasi-federal/Unitary
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In 3 words describe the structure of the US consitution.
Codified; Entrenched; Federal
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Federal / Quasi-federal / Unitary
Federal- Legal soverignity is shared between those in the centre and other states which have their own seperate powers. Unitary- Ultimate power lies within a central body which is soverign. Quasi Federal- A mixture between the two.
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Flexible / Entrenched
Flexible- Changes are easily made to the constitution without a lengthy procedure. Entrenched- Special procedure is needed to make adjustments.
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Codified / Uncodified
Codified- Found in a single document which outlines the organisation of the state. Uncodified- Not confined to one single document.
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The 6 features / principles of the UK constitution
Parlimentary Soveregnity; Lack of seperation of powers; Unitary; Constitutional Monarchy/Royal Perogitive; Rule of Law; Parlimentary government.
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Source One- Common Law
Common Law/ Unwritten laws are a source of the constitution. Example: Perogitive powers of the prime minister.
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Source two- Statute Law
Statute Law/ Parlimentary Acts are a source of the UK constitution. Example: Human Rights Act (2000) Freedom Of Information Act (2000)
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Source Three- Traditions
Traditions are a source of the UK constitution. Example: The Queen's speech
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Source Four- Conventions
Conventions are a source of the UK constitution. Example: Salsbury Convention; Collective cabinet responsibility
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Source Five- Works Of Authority
Works Of Authority are a source of the UK constitution. Example: O'Donnol's works on a hung parliament and the coallicion.
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Source Six- Treaties.
Treaties are a source of the UK constitution. Example:Lisbon Treaty (2007)
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Reasons for codifying the constitution:
To Confirm peoples rights; To outline and define government's power and re-balance this; To Modernise.
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Reasons against codifying our constitution:
"If it aint broke don't fix it"; The UK has too much history and too many traditions; Difficult to transfer unwritten conventions into law.
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The 3 types of sovereignty
Legal; Pooled; Political.
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Challenges to parliamentary sovereignty.
EU have a share in sovereignity e.g. fishing laws. The Government dominate Parliament and the commons dominate also, in that they can get any law, the Lords can delay but not stop or change.
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When has the principle of the Rule Of Law been undermined.
Foregin diplomats; Changes in legal practise; Anti terror legislation (held without trial)
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Other cards in this set
Card 2
Front
In 3 words describe the UK constitution.
Back
Uncodified; Flexible; Quasi-federal/Unitary
Card 3
Front
In 3 words describe the structure of the US consitution.
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