Constitutional Law And The Political System at Humboldt-Universität Zu Berlin | Flashcards & Summaries

Lernmaterialien für Constitutional Law and the Political System an der Humboldt-Universität zu Berlin

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Sources of Constitutional Law: some recent examples 

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  • Scotland Act 1998, - provisions for a Scottish government of ministers + a Scottish Parliament 
  • Scotland Act 2016 - devolves range of further powers to Scottish Parliament
  • Government of Wales Act 1998 - provided for establishment of the National Assembly for Wales
  • Wales Act 2014 - devolved fiscal powers to the National Assembly for Wales
  • Northern Ireland Act 1998 - established a devolved legislature: the Northern Ireland Assembly 
  • House of Lords Act 1999 - removal of the hereditary element 
  • Human Rights Act 1998 - incorporate into UK law the rights contained in the European Convention on Human Rights. 
  • Constitutional Reform Act 2005 - change of the lord chancellor’s role -  judicial independence is now officially enshrined in law —> better separation of powers 
  • Fixed-term Parliaments Act 2011 - election is automatically scheduled for the first Thursday in May of the fifth year after the previous general election
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Conflicting legislative and judicial powers (17th century)

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  • first half of 17th centuries witnesses legislative conflict between parliament and the King: competing courts being used to enforce competing legislation 
    • the Star Chamber sided with the King, he therefore frequently used this Court
    • became notorious for judgments favourable to the king
  • the common law court sided with parliament 
  • The Prince’s Case (1606) - any statute requires the assent of Commons, Lords and King/Queen
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House of Lords and Commons

Relationship

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  • Lords are not elected but appointed
  • Lords were originally the dominant chamber
  • Rise of Commons during industrialisation
  • Constitutional crisis at beginning of 20th century 
  • Parliaments Acts 1911 and 1949 abolished the Lords' veto power over financial bills and gave it delaying power
  • Salisbury COnvention after WWII: no delay of government policies that are in the election manifesto
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Importance of Conventions for UK constitutional law

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conventions have been hailed by experts as the way of a constitutional change over time 

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limits of parliamentary supremacy

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  • Informal checks and balances: conventions
  • EU Membership (1972)
  • Devolution since 1998
  • Supreme Court (2005 Constitutional Reform Act)
  • 1998 Human Rights Act 
  • Referendums? (
  • parliament is not legally bound by the outcome of a referendum (politically they are bound to the degree, that they want to please the public by acting on their wishes) 
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single-member constituencies

Defintion

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A single-member district or single-member constituency is an electoral district that returns one officeholder to a body with multiple members such as a legislature. This is also sometimes called single-winner voting or winner-takes-all.

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Definition: Common Law

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common law is case law 

England and Wales has a common law legal system, which has been established by the subject matter heard in earlier cases and so is the law created by judges. It originated during the reign of King Henry II (1154-89), when many local customary laws were replaced by new national ones, which applied to all and were thus "common to all".

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Definition: Parliamentary supremacy / sovereignty 

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 laws enacted by the Crown in Parliament are the supreme form of law in our legal system, with which everyone, including the Government, must comply

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Magna Carta 

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 a statute which limits the powers of the King and grants certain political and procedural rights (original version was in latin and from 1215, the definite version from 1225)

  • resulted out of rebellion against King John
  • practically no provisions of it are still in force today 

The first English Parliament was convened in 1215, with the creation and signing of the Magna Carta, which established the rights of barons (wealthy landowners) to serve as consultants to the king on governmental matters in his Great Council.

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Legislature 

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deliberative assembly with the authority to make laws for a political entity such as a country or city.

"make the laws"


UK:  Legislative power is vested in the two chambers of the Parliament of the United Kingdom, the House of Commons and the House of Lords, as well as in the Scottish and Welsh parliaments and the Northern Ireland Assembly


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Executive

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branch of government exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law.

"enforce and execute the law"


UK: British government, on behalf of and by the consent of the monarch, and the devolved governments of Scotland, Wales and Northern Ireland. 


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The 1640 Parliament 

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  • Charles I managed to rule without parliament for 11 years 
  • convened a parliament in 1640 to fund a war against Scotland but had to make concessions:
    • The Court of Star Chamber was abolished.
    • Parliament had to be convened at least every three years.
    • he conceded that he could not dissolve Parliament without its own consent.
    • > all under the 1653 Instrument of Government 
  • was the first sovereign codified and written constitution in England.
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  • 98372 Karteikarten
  • 2130 Studierende
  • 69 Lernmaterialien

Beispielhafte Karteikarten für deinen Constitutional Law and the Political System Kurs an der Humboldt-Universität zu Berlin - von Kommilitonen auf StudySmarter erstellt!

Q:

Sources of Constitutional Law: some recent examples 

A:
  • Scotland Act 1998, - provisions for a Scottish government of ministers + a Scottish Parliament 
  • Scotland Act 2016 - devolves range of further powers to Scottish Parliament
  • Government of Wales Act 1998 - provided for establishment of the National Assembly for Wales
  • Wales Act 2014 - devolved fiscal powers to the National Assembly for Wales
  • Northern Ireland Act 1998 - established a devolved legislature: the Northern Ireland Assembly 
  • House of Lords Act 1999 - removal of the hereditary element 
  • Human Rights Act 1998 - incorporate into UK law the rights contained in the European Convention on Human Rights. 
  • Constitutional Reform Act 2005 - change of the lord chancellor’s role -  judicial independence is now officially enshrined in law —> better separation of powers 
  • Fixed-term Parliaments Act 2011 - election is automatically scheduled for the first Thursday in May of the fifth year after the previous general election
Q:

Conflicting legislative and judicial powers (17th century)

A:
  • first half of 17th centuries witnesses legislative conflict between parliament and the King: competing courts being used to enforce competing legislation 
    • the Star Chamber sided with the King, he therefore frequently used this Court
    • became notorious for judgments favourable to the king
  • the common law court sided with parliament 
  • The Prince’s Case (1606) - any statute requires the assent of Commons, Lords and King/Queen
Q:

House of Lords and Commons

Relationship

A:
  • Lords are not elected but appointed
  • Lords were originally the dominant chamber
  • Rise of Commons during industrialisation
  • Constitutional crisis at beginning of 20th century 
  • Parliaments Acts 1911 and 1949 abolished the Lords' veto power over financial bills and gave it delaying power
  • Salisbury COnvention after WWII: no delay of government policies that are in the election manifesto
Q:

Importance of Conventions for UK constitutional law

A:

conventions have been hailed by experts as the way of a constitutional change over time 

Q:

limits of parliamentary supremacy

A:
  • Informal checks and balances: conventions
  • EU Membership (1972)
  • Devolution since 1998
  • Supreme Court (2005 Constitutional Reform Act)
  • 1998 Human Rights Act 
  • Referendums? (
  • parliament is not legally bound by the outcome of a referendum (politically they are bound to the degree, that they want to please the public by acting on their wishes) 
Mehr Karteikarten anzeigen
Q:

single-member constituencies

Defintion

A:

A single-member district or single-member constituency is an electoral district that returns one officeholder to a body with multiple members such as a legislature. This is also sometimes called single-winner voting or winner-takes-all.

Q:

Definition: Common Law

A:


common law is case law 

England and Wales has a common law legal system, which has been established by the subject matter heard in earlier cases and so is the law created by judges. It originated during the reign of King Henry II (1154-89), when many local customary laws were replaced by new national ones, which applied to all and were thus "common to all".

Q:

Definition: Parliamentary supremacy / sovereignty 

A:

 laws enacted by the Crown in Parliament are the supreme form of law in our legal system, with which everyone, including the Government, must comply

Q:

Magna Carta 

A:

 a statute which limits the powers of the King and grants certain political and procedural rights (original version was in latin and from 1215, the definite version from 1225)

  • resulted out of rebellion against King John
  • practically no provisions of it are still in force today 

The first English Parliament was convened in 1215, with the creation and signing of the Magna Carta, which established the rights of barons (wealthy landowners) to serve as consultants to the king on governmental matters in his Great Council.

Q:

Legislature 

A:

deliberative assembly with the authority to make laws for a political entity such as a country or city.

"make the laws"


UK:  Legislative power is vested in the two chambers of the Parliament of the United Kingdom, the House of Commons and the House of Lords, as well as in the Scottish and Welsh parliaments and the Northern Ireland Assembly


Q:

Executive

A:

branch of government exercising authority in and holding responsibility for the governance of a state. The executive executes and enforces law.

"enforce and execute the law"


UK: British government, on behalf of and by the consent of the monarch, and the devolved governments of Scotland, Wales and Northern Ireland. 


Q:

The 1640 Parliament 

A:
  • Charles I managed to rule without parliament for 11 years 
  • convened a parliament in 1640 to fund a war against Scotland but had to make concessions:
    • The Court of Star Chamber was abolished.
    • Parliament had to be convened at least every three years.
    • he conceded that he could not dissolve Parliament without its own consent.
    • > all under the 1653 Instrument of Government 
  • was the first sovereign codified and written constitution in England.
Constitutional Law and the Political System

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