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Cards (57)
What is the nature of the British Constitution?
It is
uncodified.
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What does it mean that the
British
Constitution is
uncodified
?
It
is found in a variety of sources.
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What is a significant consequence of the British Constitution being uncodified?
It makes it difficult for
British
people to understand their rights and how the
political systems
work.
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What is another significance of the uncodified nature of the British Constitution?
It is easier to
adapt
the constitution.
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What type of constitution is the British Constitution?
Unitary.
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What does it mean that the British Constitution is unitary?
All
power
ultimately derives from the
central
government.
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What is a significant consequence of the unitary nature of the British Constitution?
The
Westminster
parliament is
sovereign
and therefore very powerful.
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What does it mean that any power given to devolved regions is delegated and not transferred permanently?
It means that the
central
government can revoke that
power
at any time.
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What is the rule of law?
Everyone is
equally
subject to the laws of the
land.
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What is a significant aspect of the rule of law regarding governments and ministers?
Even
governments
and ministers cannot break their own
laws.
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Why is the rule of law significant for Britain?
It identifies
Britain
as a modern
liberal
democracy.
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How does the rule of law ensure the powers of government are limited?
It ensures that
governments
act within their own rules and
guidelines.
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What can happen if a government breaks its own rules according to the rule of law?
It can lead to the
government
having to reverse an
action.
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What is parliamentary sovereignty?
Parliament
is the supreme authority on the
land.
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What does it mean that the constitution is what parliament says?
It can be
altered
at will by
statute
law.
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Why is parliamentary sovereignty considered a fundamental principle of the British constitution?
It makes the constitution
flexible
and
easy
to change.
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What does it mean that no parliament can bind its successor?
It means the
constitution
can be
changed
or reversed over time.
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What is statute law?
Acts of
parliament
that affect and
alter
the British constitution.
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What do statute laws cover?
They cover laws about who can
vote
, how
elections
are run, and civil liberties.
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What is the significance of
statute law
in the
British constitution
?
It remains flexible and adaptable.
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What trend has been observed in statute law regarding democracy and individual rights?
The trend has been towards
expanding
and
protecting
democracy and individual rights.
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What is common law?
Laws passed down over the years by
legal judgments
in courts.
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What does common law represent?
Judicial precedence.
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What is a key historical document based on common law?
The
Magna Carta.
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What is the significance of common law in relation to statute law?
Common law does not have precedence over
statute
law or acts of
parliament.
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How can statute law affect rights granted under common law?
Statute law can
repeal
or modify rights granted under common law.
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What is the
royal prerogative
?
The historic political powers of the
monarch
, now effectively transferred to the
prime minister.
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What is the significance of the royal prerogative?
It is a way that
governments
can extend their
powers.
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How can the
royal prerogative
be
limited
?
It
can be
limited
by
acts
of
parliament.
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What are conventions in the context of the
British Constitution
?
Unwritten traditions
that help to
keep
the
state
running
smoothly.
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What is the significance of
conventions
?
They
normally
work well but are not
protected
by anything more
substantial
than
tradition.
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What is the role of
authoritative
opinions in the
British
Constitution?
They
clarify
and
explain
the inner
workings
of the
constitution.
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What is
the
significance of
authoritative opinions
?
They help to smooth
the
running of government but have no legal authority.
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How are
authoritative
opinions typically approved?
They are usually approved formally by parliament.
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What are
international treaties
and
conventions
?
Treaties
or
agreements
that the
UK government
has
signed up
to.
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What is the significance of
international
treaties and
conventions
?
They solidify
other laws and
protect
certain
rights.
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How does the
British
constitution defend
citizens'
rights effectively?
Through
statute
laws and
anti-discrimination
laws, more
rights
have been explicitly
defended.
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Why might
codification
not enhance
awareness
of
individual
or
collective
rights?
Because
constitutions
should be
judged
by how they
work
, not how they
look.
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How do large numbers of people and pressure groups use the courts in relation to their rights?
They
assert
their
rights
and demand
access
to
information
held about them by
public bodies.
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What is a significant criticism of the
British constitution
regarding
rights
?
Many laws
have
loopholes
and
gaps
and can be
ineffective.
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See all 57 cards
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