1. Definitions

Question 1

What are the main functions of a constitution?

Answer 1

1. To determine the distribution of power
2. To establish the political process
3. To limit the government’s power
4. To assert the rights of the citizens
5. To establish the rules of nationality
6. To establish how to amend the constitution

Question 2

In what ways does a constitution determine the distribution of power?

Answer 2

• If the constitution is federal, it will contain federal settlements which divide power between the central government and regional institutions
• If the constitution is unitary its will state where ultimate power lies

Question 3

How does a constitution establish the political process?

Answer 3

• It states the relationship between different institutions

- It contains the rules on how different branches of government operate

Question 4

What country is an exception to the rule that a constitution limits the power of the government?

Answer 4

The UK, because parliamentary sovereignty allows for the government to change the constitution with a simple majority vote in parliament.

Question 5

How does a constitution establish the rights of citizens?

Answer 5

It usually contains a bill of rights which prevents the government from compromising the rights of the people.

Question 6

In what ways does a constitution establish the rules of nationality?

Answer 6

• It says who is entitled to citizenship
• It states the pathway to becoming a citizen
• It establishes the territory that makes up the state

Question 7

How does one amend the constitution in Ireland and France?

Answer 7

By calling a referendum

Question 8

How does one amend the constitution in the US?

Answer 8

2/3 of both houses and 3/4 of the states must consent.

Question 9

Where in the US constitution are the citizens’ rights protected?

Answer 9

The first ten amendments

Question 10

Where in the UK constitution are the citizens’ rights protected?

Answer 10

The Human Rights Act of 1998

Question 11

What are the three key features of a codified constitution?

Answer 11

• The document stands as a form of higher law
• The constitution is entrenched meaning it has a special protected status
• It is judicable

Question 12

What does it mean if a constitution is judicable?

Answer 12

It means that all political bodies are subject to the courts who can rule on whether or not their actions are compatible with the constitution. As such, laws deemed to be unconstitutional can be struck down by the court.

Question 13

What are the key features of an uncodified constitution?

Answer 13

• It has a variety of sources rather than being found in one authoritative document
• It is not entrenched meaning it is flexible and easy to change
• It is non-judicable

Question 14

What are the three main features of a unitary constitution?

Answer 14

• Sovereignty resides in a single body
• Devolved and local instituions have their power given to them by the sovereign body
• The sovereign body has the right to take away or suspend the powers of any devolved or local body at any time

Question 15

What is an example of a country with a unitary constitution?

Answer 15

The UK

Question 16

What are the three main features of a federal constitution?

Answer 16

• Sovereignty is shared between different levels of government
• There are two separate and autonomous levels of government. Any powers not given to the central executive are automatically devolved to the second level.
• The two levels of government cannot encroach on each other and they cannot take powers away from the other - unless there is an amendment to the constitution

Question 17

What is an example of a country with a federal constitution?

Answer 17

The US

Question 18

What are the main features of the UK’s constitution?

Answer 18

• It is uncodified
• It is unitary
• It is not entrenched
• There is a lack of separation of power as the legislative and executive powers are fused