Constitutional Structure & Government

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37 Terms

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Constitutional monarchy
• Monarch serves as head of state.
• Powers limited by constitutional rules and conventions.
• Largely ceremonial; PM exercises political power.
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Parliamentary sovereignty
• Parliament is supreme lawmaking authority.
• Can create, amend, or repeal any law.
• Courts generally cannot overturn Acts of Parliament.
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Uncodified constitution
• Not contained in one document.
• Based on statutes, conventions, judicial decisions, and historical documents.
• Flexible; many constitutional rules changed through ordinary legislation.
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Parliamentary government
• Executive drawn from legislature.
• PM and Cabinet normally members of Parliament.
• Government must maintain Commons confidence.
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Unitary state
• Central government holds ultimate political authority.
• Can delegate powers to regional governments.
• UK is unitary despite devolution.
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Devolution
• Transfer of central powers to regional governments.
• Scotland, Wales, and Northern Ireland have devolved institutions.
• Unlike federalism, powers not constitutionally protected against Parliament.
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Federalism
• Power constitutionally divided between national and regional governments.
• Both levels have protected authority.
• US is federal; UK is unitary.
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Rule of law
• Everyone, including officials, must follow the law.
• No one above the law.
• Government actions require legal authority.
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Common law
• Law developed through judicial decisions.
• Based on precedent from earlier cases.
• Important in England, Wales, and Northern Ireland.
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Judicial precedent
• Courts follow earlier legal decisions.
• Higher court rulings generally bind lower courts.
• Promotes consistency in legal decisions.
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Judicial review
• Courts examine legality of government actions.
• Can invalidate unlawful executive actions.
• UK courts generally cannot strike down Acts of Parliament.
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Judicial independence
• Judges free from political interference.
• Protected from executive and legislative pressure.
• Upholds rule of law.
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UK Supreme Court
• Highest appellate court for UK civil and most criminal cases.
• Established in 2009.
• Interprets laws and reviews government legality.
• Generally cannot invalidate Acts of Parliament.
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House of Commons
• Elected lower chamber of Parliament.
• Members called MPs.
• Primary legislative authority; controls taxation.
• Determines government confidence.
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House of Lords
• Mostly appointed upper chamber.
• Reviews, revises, and scrutinizes legislation.
• Can delay but generally not permanently block Commons bills.
• Less powerful than Commons.
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Parliament
• UK national legislature: Commons, Lords, and monarch.
• Passes laws, approves taxation, scrutinizes government.
• Supreme lawmaking authority.
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Prime minister
• Head of government.
• Leads executive and sets policy.
• Appoints Cabinet ministers.
• Normally leads Commons majority party.
• Must maintain parliamentary confidence.
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Cabinet
• Senior ministers chosen by PM.
• Lead major government departments.
• Make collective policy decisions.
• Follow collective responsibility.
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Collective responsibility
• Cabinet ministers publicly support government decisions.
• Applies even when privately disagreeing.
• Those unable to support policy generally resign.
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Individual ministerial responsibility
• Ministers accountable for personal conduct and departments.
• Must explain and defend departmental decisions.
• Serious misconduct or failures may lead to resignation.
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Backbenchers
• MPs who are not ministers or leading opposition spokespersons.
• Debate laws; represent constituents.
• Scrutinize government; may challenge party leadership.
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Frontbenchers / the Government
• Frontbenchers: senior government or opposition spokespeople.
• Government: PM and ministers exercising executive power.
• Opposition frontbenchers challenge government policies.
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Shadow cabinet
• Senior members of main opposition party.
• Scrutinize corresponding government ministers.
• Propose alternative policies.
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Prime Minister's Questions (PMQs)
• Weekly Commons questioning of PM.
• MPs challenge government policies and decisions.
• Promotes political accountability.
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Vote of no confidence
• Commons vote testing support for government.
• Loss may lead to resignation or general election.
• Reflects executive dependence on Parliament.
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Parliament Acts
• Laws passed in 1911 and 1949.
• Reduced House of Lords' power to block legislation.
• Strengthened elected Commons.
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Magna Carta
• 1215 charter limiting arbitrary royal power.
• Contributed to rule of law.
• Historical foundation of constitutional government.
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Bill of Rights (1689)
• Limited English monarch's power.
• Strengthened Parliament.
• Restricted royal taxation and suspension of laws without parliamentary consent.
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Separation of powers
• Divides authority among executive, legislature, and judiciary.
• Prevents concentration of power.
• Stronger institutional separation in US than UK.
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Fusion of powers
• Executive and legislature overlap.
• UK PM and Cabinet drawn from Parliament.
• Executive strongly influences legislation.
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Executive
• Implements laws and directs policy.
• UK executive led by PM and Cabinet.
• Oversees government departments.
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Legislature
• Creates, debates, and passes laws.
• UK legislature is Parliament.
• Scrutinizes executive; approves taxation.
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Judiciary
• Interprets and applies laws.
• Resolves disputes; reviews legality of government actions.
• Expected to be independent.
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Head of state
• Formally represents the state.
• Performs ceremonial and constitutional duties.
• UK: monarch.
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Head of government
• Leads executive branch.
• Directs policy and administration.
• UK: prime minister.
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Parliamentary confidence
• Commons support or tolerance allowing government to remain in office.
• Government must survive confidence votes.
• Loss may lead to resignation or election.
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Constitutional reform
• Changes to institutions or rules governing power.
• Examples: devolution, Lords reform, Supreme Court creation.