| What is a Constitution in UK Politics? | -This is Rules that Regulates the System of Government and General Politics in a Nation |
| What are the Functions of a Constitution | -Sets out Distribution of Power in a State
-Makes up Relationships between Institutions that makes up the State
-Establishes the Limits of Government Power
-Asserts Rights of Citizens and how its Safeguarded
-Describes how the Constitution can be Changed - What is Needed? |
| What does Organic Constitution mean? | -Organic Constitution means the Political Constitution has Changed accordingly to Changes in Society and the Political System |
| Why did the British Constitution take Many Centuries to Develop? | -Organic Constitution: Shaped by Changes in UK Society and Politics - Never been Imposed at a Single Event
-Never had there been a Revolution which Overturned the Existing Order [French Revolution] and made a New Political Order. During the English Civil War, [1642-60] Parliamentary Democracy and Cromwell failed to Write a Constitution, hence bringing the Monarchy back to Power |
| What happened in 1215? | -The Magna Carta Event
-This brought the Nobles and Kings to Agreement with the Rule of Law. Government must Act within the Law, and the Law should go with Citizens Equally |
| What happened in 1689 for the Constitution | -Bill of Rights Event
-Agreement between the King and Parliament. Ensured that Parliament had Sovereignty over the King in terms of Legislation |
| What happened in 1701 for the Constitution | -Act of Settlement
-Made the Monarch ruler of England, Scotland, Wales and Ireland.
-Ensured the Rule of Succession to the Throne be Determined by Parliament |
| What happened in 1707 for the Constitution | -Acts of Union, 1707. This made Britain
-Scottish Parliament gone and the Union of Great Britain and Ireland was Established |
| What happened in both 1911 and 1949 for the Constitution | -Parliament Acts [1911 and 1949]
-Limited the House of Lord’s Power to Delay Legislation now for a Year
-And didn’t allow any House of Lord Intervention over Financial Matters |
| What happened in 1972, and 2020 for the Consitituion | -European Communities [1972] and European Union [Withdrawal Agreement] Act 2020
-1972 saw Britain entering the EU
-2020 saw Britain Confirming their Choice to Leave the EU after the 2016 Referendum |
| What is a Codified Constitution | -Constitution that can be found in a Single Document, and thus a Single Source.
-Constitutional Laws are seen as Superior to Regular Laws and requires Separate Amendment Procedure |
| What is a Uncodified Constitution? | -This is when the Constitution is not in a Single Document, and thus have Different Sources |
| Explain what it means for Britain when it has a Uncodified Constitution | -UK Constitution is not Written in a Single Document
-Instead, found in Multiple Places like Statue Laws [Parliament Acts] Conventions [Unwritten Laws that have Force of Law] and Historical Text [Magna Carta]
-This makes it Multi Sourced, and quite Unique in the Democratic World as most of them have Codified Constitutions [America and France] |
| What is an Unentrenched Constitution? | -This makes the Constitution subject to Amendment by Governments or Parliament |
| What is an Entrenched Constitution? | -This is a Constitution that needs Special Requirements for it being Changed by a Temporary Government or Parliament. This usually goes side by side with Codified Constitutions
-BUT Uncodified Constitution can still be Entrenched, and Codified Constitution can be Untrenched!! |
| Explain what it means for Britain to have an Unentrenched Constitution | -Any Part of the UK Constitution can be Changed within an Act of Parliament
-The Human Rights Act [eg] can be Scrapped or Changed if Parliament so wished to do so
-This makes UK Unique as other Nations have Entrenched Constitutions
-The Americans need 3/4 of the States and 2/3 of Both Houses of Congress to Change the Constitution
-Uncodified Constitutions are thus Easier to Change as they are more Flexible |
| What is Parliamentary Sovereignty | -This makes Parliament the Supreme Decision Making Body in Britain. And it is Legally Sovereign |
| Explain what it means for Parliament to be Sovereign
[Why did Labour get Devolution for London, Why did Conservatives get to Scrap the FTA] | -Any Decision elsewhere in UK can be Overturned by an Act of Parliament
-No Parliament is Bound by Previous Choices
-Labour was able to Devolve London, after Thatcher Abolished the Greater London Council
-No Parliament can Bind Future Parliament's
-This allowed the Conservatives to Scrap the FTA, promised so in its 2019 Manifesto |
| What is Legal Sovereignty | -This is the Formal Power, which lies where Laws and Made. In Britain, Parliament has Legal Sovereignty |
| What is Political Sovereignty | -Refers to the Institution, Body or Group that holds the Most Influence over Decision Making
-In UK, The Governing Party, Cabinet and PM have the Political Sovereignty due to Dominating Parliament |
| What is Popular Sovereignty? | -Refers to the Electorate, where they Vote during Referendums and Elections which its Results binds onto Parliament |
| What is Devolved Sovereignty | -Parliament allows other Bodies or Institutions to make Decisions.
-These Devolved Powers can be Taken back by the UK Parliament Later |
| What is the Rule of Law? | -Says that Equal Justice apples to All, Including the Government. Government must Follow the Laws set down by Parliament |
| When A. V. Dicey in 1885 wrote the Rule of Law, what did it Consist of? | 1. No one can be Punished without Trial
2. No Individual or Institution is Above the Law. All Citizens are Subject to the same Justice
3. Independent Judiciary can Hold Government Ministers to Account, and the Judiciary generally to be not Affected by Government Intervention. This allows Citizens to take Government to Court |
| What is a Unitary Constitution? | -Constitution that establishes the Legal Sovereignty is in One Location. Power can be Delegated to Subsidiary Bodies, but can be taken back to the Sovereign Body |
| What is a Federal Constitution? | -When the Constitution has Legal Sovereignty divided between Central Government and Regional Government. The Regional Government are Protected by an Entrenched Constitution |
| Explain what it means for Britain to have a Unitary Constitution? | -Ultimate Political Power is in Westminster. Parliament, Supreme Court and Government Departments all here
-They have Power and Authority in the UK, over any Devolved Assembly
-Demonstrated when the Supreme Court said only the UK Parliament, and not Devolved Bodes, say Britain is Leaving or not
-UK Differs from USA which has a Federal Constitution |
| What is a Fusion of Powers? | -This is when Government is made of Individuals part of House of Commons or House of Lords. [Executive x Legislature] |
| What is Separation of Powers? | -Powers of Different Gov Branches are Clearly Defined and Separated. |
| Explain what it means for Britain to have a Fusion of Powers between Government and Parliament | -Fusion of Power links with a Parliamentary System of Governance, and Key in UK Constitution
-Government drawn from Legislature meaning Government members must be MPs or Peer
-PM is a MP, Cabinet is MP or Peers
-Highest Court of Appeal was the Law Lords, until the UKSC made. Fusion of Powers very Different to Separation of Powers found in Presidential Systems |
