Flashcards
Unit 2.1 Summary
Cards in this deck (24)
- 1ConstitutionSet of principles, which may be written or unwritten. It establishes the distribution of power, relationships, limits of government, rights and amendment.
- 2CodificationProcess of setting out a constitution in an organised way in a single document
(Ex: USA) - 3Advantages of codificationConstitution is clear meaning every citizen is able to access it. Any conflict concerning the constitution can be easily resolved.
- 4Two-Tier legal systemIs present in codified constitutions, there are two levels of law. Higher laws and Ordinary laws.
- 5Higher LawsConcern constitutional arrangements like who has power, relationships, rights etc...
These are safeguarded and entrenched against change. - 6Ordinary LawsConcern relations between citizens, admin of state, criminality etc...
These are easy to amend as they are not safeguarded. - 7Uncodified ConstitutionsUK constitution is uncodified but has parts that are written. There is no single document stating the constitution. Single-tier legal system meaning there is no distinction between constitutional and other law.
- 8EntrenchmentDevice that protects a constitution from short term amendment as it is to important in the hands of a temporary government.
- 9How can an entrenched constitution be amended?A referendum must be held to ensure that the change has popular support.
- 10Why cant UK entrench constitutional principles?Parliament is sovereign. This ensures that no new government is bound by there predecessors.
- 11Judicial ReviewCourts of justice interpret and re-arrange laws, changing their meaning.
- 12Why does Judicial review take place?From a challenge made by a citizen against an actions of law made by a public body. Senior judges then review the case in light of constitutional rules (UK - HRA).
- 13Should Britain introduce a codified constitution?Conservatives oppose, as do Labour but they have avoided the question. They do believe that it can make incremental changes (Ex: HRA). Lib Dems support the idea, need for a more robust HR and controls on Government power.
- 14Arguments for retaining an uncodified constitutionFlexibility allows us to adapt to the changing world.
Executive power is good has we have a govt that can take action.
Conservative pragmatism argues that our traditions served us well for centuries. - 15Arguments for introducing a codified constutionHR need stronger safeguards as it can be overwritten by Parl.
Executive Power if out of control can threaten individual rights
Clarification of government workings and awareness of the constitution. - 16Unitary ConstitutionThe central sovereign power can overrule all other bodies and has the right to restore all political power to itself.
- 17Federal ConstitutionSovereignty is divided between central bodies and regional institutions. This is to ensure countries contain strong regional differences and identities.
- 18Strengths of the British ConstitutionFlexibility means we can quickly react to changing circumstances. Traditional values have stood the test of time. Parliament and government can act decisively, unrestricted by constitutional restraints.
- 19Weaknesses of the British ConstitutionGovernment may be dangerous due to lack of restraints. There are outdated institutions such as the HoL which are undemocratic. There is a lack of separation of powers between Government and Parliament as government can dominate parliament.
- 20Legal SovereigntyPower to make and unmake binding laws to grant ultimate powers to individuals or other bodies and determine the nature of the constitution.
- 21Popular SovereigntyPeople have some sovereignty, not in legal terms, but in that they elect parliament who has to carry out its policies on their election manifesto.
(Ex: Referendums) - 22Political sovereigntyLocation of real power. It ignores where legal sovereignty may lie and concentrates on who can realistically exercise power.
(PM, Parliament, Popular Sovereignty ...) - 23Where has sovereignty in the UK gone?Parliament remains legal sovereign even to devolved countries. Political Sov has been transferred to the PM from Parliament and to devolved countries. Legal Sov transferred to the EU (Pooled)
- 24DevolutionConstitutional reform whereby power, but not legal sovereignty, is distributed to national or regional institutions.
UK, we had to transfer power to institutions in Scotland, Wales and Northern Ireland.
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- A-Level Government And Politics (Unit 2.1) Flashcards on Unit 2.1 Summary , created by Frankie Thatcher on 01/04/2015.
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