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45 Cards in this Set
- Front
- Back
What is the constitution of the UK? |
House of commons |
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Define constitutional law |
Concerned with the roles and powers of the institutions of the state and the relationship between the state and the citizen |
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Why do we have constitutions? (2) |
To ensure a country is governed with democratic principles and to ensure that a constitution has checks and controls |
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2 types of constitutions? (2) which is the UK? Give another word for it also. |
Rigid and flexible . UK is flexible / uncodified |
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Is public law = private law |
No |
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Constitution of a country is public or private law? |
Public |
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Who governs a state? Give the name for the UK version and us version |
Prime minister / president |
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Does a constitution always equal a democracy? |
No |
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Without checks and controls on those in power, a constitution is pointless. Name 4 past examples of dictators who prove this |
Stalin , Hitler , Gaddafi , sadam hussain |
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Democratic principles prohibit (4) |
Corruption Social evils Abuse of power Human rights violation |
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Does the UK have a written or non written constitution |
Non written |
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Apart from the UK, who else has a flexible and unwritten Constitution |
New Zealand and Israel |
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Who has a written and rigid constitution alongside the USA |
Nigeria , Canada , India , |
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Why is it ironic that the UK doesn't have a written constitution |
Because when it gave independence to its formal colonies, it sent them off with written constitutions |
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Who's the father of British constitution |
Dicey |
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Are written or unwritten Constitutions entrenched against repeal |
Written |
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Another basic feature of a written constitution is that it is a codified single document true or false |
True |
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Written documents (constitutions) have checks in power and bill of rights true or false |
True |
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Us constitution was framed in the 1700s or 1600s or 1800s |
1700s , 1787 |
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The us Constitution that was framed in 1787, is it still in force today? Has anything changed |
Yes it is but over the years there have been several amendments |
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The us Constitution is a written one and therefore named (1) |
Federal |
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Federal means basically (1) |
States have their own powers |
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Opposite of federal state is |
Unitary |
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Is the UK a federal or unitary state? Why ? |
Unitary. Power is just in parliament |
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ABSOLUTE POWER CORRUPTS means |
Too much power gets abused |
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In America , presidents cannot serve more than _ terms. In the UK, the same person can be re-elected as many times |
2 |
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American amendment 1 is |
Freedom of speech to not be prohibited |
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2nd American amendment is |
Right to bare arms |
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Which amendment in America was ratified and why |
26th. Legal voting age lowered from 21 to 18 since 19 year olders were fighting in the Vietnam war but not able to vote |
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Can the strength of constitution also be a paradoxical weakness? |
Yes. Right to bare arms is highly controversial |
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How many cabinet members are there? |
20 or so |
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The Cabinet members are executive government members. Who else? |
PM (government) |
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Are there more or fewer constitutional checks on the UK PM than the US president? |
Fewer |
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Are riots an example of a national crisis? |
Yes |
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What are delegated legislations and why do we have them? |
DL are forms of legislation which allow the government (someone in power) to make changes or even repeal the law without having to enact the Acts of Parliament. It is far quicker as acts of parliament can take a while |
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Primary legislation is which act? |
The parent act |
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What does the parent act do? |
Parent act is primary legislation which gives power to others to make delegated legislations. Power to people such as PM |
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Parent act acts as a skeleton and what acts as the flesh and bones? |
Detailed delegated legislations |
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3 examples of delegated legislations? |
1. Statutory instruments 2. Orders in council. 3. Bye laws |
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How many Statutory instruments are issued a year? |
Around 3000 |
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Bye laws are made by a local authority such as the council true or false? Do they work nationally? |
True. No. Only in a specific geographical location |
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Must bye laws be confirmed by a secretary of state before coming into force? |
Yes |
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Human rights act 1998 came into act in 2000. Why 2 years late? How did it come into act? |
Judges had not learned human rights law previously at uni and so had to be taught it . It came into act by delegated legislations |
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Name an example of an act that came into act by DL? |
Human rights act 1998 |
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Start of WW2? |
1939 |