1 - Sources of the Constitution and its fundamentals

Question 1

The UK’s constitution is…

Answer 1

• unitary as Parkiament is the supreme law-making body
• unwritten, and therefore is flexible, as tere are many documents that make it up
• has a monarchial constitution

Question 2

The Core constitutional principles are…

Answer 2

1. the rule of law
2. the seperation of powers
3. the sovereignty (or supremacy) of parliament

Question 3

Rule of Law is….

Answer 3

• all actions of the state or givernment must be permitted by the law
• laws are made properly
• laws should be clear
• laws should be certain (and not operate retrospectively)
• equality before the law (incl. equal access to legal processes and treating everyone the same)
• independent and impartial judiciary

Question 4

Seperation of powers…

Answer 4

• legislature (parliament) —> makes the law. the monarch, House of Lords, and House of Commons
• the executive (government) -> they implement the law [monarch, PM and other givernment miisters
• the juriciary (courts) –> resolves disputes about the law [monarch, qualified judges, magistrates]

Question 5

Sovereignty of Parliament

Answer 5

Common law accepted by the judiciary.
legislation enacted by Parliament take precedence over the common law. Parliament can pass any law it wants to, but htere may be limitation

Question 6

Four principle sources of the constitution…

Answer 6

1. Acts of Parliament
2. Case Law
3. The Royal Prerogative
4. Constitutional Conentions

Question 7

Acts of Parliament

Answer 7

• magna carta (limits the powers of the monarch and established that no one is above the law)
• Bill of Rights (removed the power of the Monarch to suspend acts of parliament)
• Human Rights Act (incorporates the ECHR into domestic law)
• Constitutional Reform Act (reformed the lord chancellorrole and created the Lord Chief Justice)

Question 8

Case Law (Basically, the Common Law)

Answer 8

1. Residual freedom
2. Actions of the state must have legal authority
3. Legal disputes should be resolved by the judicaiary
4. Haebus Corpus and indivudial liberty
5. Right to a fair hearing

Question 9

The Royal Prerogative

Answer 9

These powers are derived from the common law and are exersied by (in the name of) the monarch

includes:
- summoning parliament
- giving roual assent
- making treaties
- declerations of war

Question 10

Constitutional Conventions are

Answer 10

non-legal source of the constitution. They are rules of constitutional behaviour which are considered to be binding upon those who operate the constitution but are not enfored by the courts

e.g.
Collective cabinet responsibility - they must be united in piblic to support government policy and are collectibley respoinsible to parliament

Question 11

Case: Carltona Ltd v. Commissioners of Works [1943]

Answer 11

Courts will acknowledge the existence of conventions, and conventions may indirectly give rise to legal consequences that the courts will recognise.

However, if Parliament passes an Act that breaches a convention, the act might be unconstitutional, but the courts will not refuse to apply it for that reason