1. Nature And Characteristics Of The UK Consitution

Question 1

What is a constitution (generally)?

Answer 1

The most important rules that regulate the functioning of a state and give legitimacy to the institutions of government

Tom Paine - ‘…government without a constitution, is power without a right’

Question 2

What are the two ‘senses’ of constitution?

Answer 2

Narrow - a written document with special legal sanctity eg Germany

Wider - a system of rules which regulate the working of the state eg UK

Question 3

What are the functions of constitutions?

Answer 3

1. Create the institutions of the state
2. Regulate the relationships between those institutions
3. Regulate the relationships between the individual and the state
   And maybe…
4. Set out the sanctity of certain constitutional principles

Question 4

What are the characteristics of constitutions?

Answer 4

1. Written v unwritten
2. Codified v uncodified
3. Flexible v inflexible
4. Monarchical v republican
5. Unitary v federal

Question 5

Sources of the UK constitution:

Acts of Parliament

Answer 5

These are many and various. For example,
Magna Carta 1297
Parliament Acts 1911 and 1949
Fixed-term Parliaments Act 2011

Question 6

Sources of the UK constitution:

Judicial decision

Answer 6

1. cases developing the common law
   Eg Entick v Carrington 1765
2. Cases interpreting constitutional statues
   Eg decision about compliance with human rights act 1998

Question 7

Sources of the UK constitution:

Royal prerogative

Answer 7

Powers recognised at common law, only exercisable by the crown

1. Personal (sovereign) - appointment of PM - appointment and dismissal of Ministers - royal assent to legislation
2. Political (ministers, often PM) - declaring war/peace - prerogative of mercy - etc

Question 8

Sources of the UK constitution:

Constitutional conventions

Answer 8

Non legal, but binding rules of constitutional behaviour. For example:

Who the sovereign appoints PM
Ministerial accountability to parliament

Question 9

Sources of the UK constitution:

Supra-national

Answer 9

1. EU law (for now) - result of European Communities Act 1972
2. International law - customary international law and treaties (notably ECHR)

Question 10

Sources of the UK constitution:

Constitutional principles

Answer 10

In particular…
Parliamentary sovereignty
Rule of law
Separation of powers

Question 11

What makes up the Legislature?

Answer 11

Legislature = Parliament

1. House of Commons
2. House of Lords
3. The Sovereign

Question 12

What makes up the Executive?

Answer 12

The Executive = Government/Crown

1. PM
2. Secretaries of State & Ministers of State
3. Civil Servants

Question 13

What makes up the judiciary?

Answer 13

Most senior court:

UK Supreme Court

Question 14

Devolved institutions

Answer 14

Scotland - Scottish Parliament & Government

Wales - National Assembly for Wales & Welsh Government

Northern Ireland - N.I. Assembly & Executive