1.) The Nature and Sources of the British Constitution

Question 1

The UK constitution isn’t codified, what does this mean?

Answer 1

It’s not found on just one document

Question 2

It is unitary constitution, what does that mean?

Answer 2

Most of the power lies with the central government in Westminster

Question 3

What is an example of a federal (non-unitary) constitution?

Answer 3

The United States or Germany

Question 4

Why do some political commentators say that the UK constitution is now “quasi-federal”?

Answer 4

Because the unitary power has been weakened by the creation of devolved governments in Scotland, Wales and NI

Question 5

What is the provision that grants Parliament significant powers over the constitution?

Answer 5

Parliamentary sovereignty

Question 6

The rule of law applies to the UK constitution, what is the rule of law?

Answer 6

Laws apply equally to everyone, including those who make them

Question 7

What is it called if the Prime Minister or ministers act beyond the scope of their powers?

Answer 7

Ultra vires

Question 8

Who referred to parliamentary sovereignty and the rule of law as “twin pillars” of the British constitution?

Answer 8

A.V Dicey

Question 9

What’s a difference between the UK and US constitutions?

Answer 9

Parliament is sovereign in the UK, and can change any law including the UK constitution, the US constitution is sovereign in the US and Congress cannot infringe on it

Question 10

What are the main sources of the UK constitution?

Answer 10

-Statute law
-Common law
-Royal prerogative
-Conventions
-Works of authority
-International agreements

Question 11

What does statute law refer to?

Answer 11

Acts of Parliament

Question 12

Name an example of a statute?

Answer 12

Representation of the People Act (1969) - lowered voting age from 21 to 18

Question 13

Before January 2020, is it true that EU law superseded Parliament?

Answer 13

Yes - EU law overrode any UK law that clashed with it

Question 14

What is common law?

Answer 14

Laws born out of legal precedents in court cases

Question 15

What is an example of common law?

Answer 15

Murder - an uncodified offence

Question 16

Is there a difference between statute law and constitutional statute law?

Answer 16

Yes - the former is any Act of Parliament, the latter is any Act of Parliament affecting the UK constitution

Question 17

Name an example of constitutional statute law?

Answer 17

The Constitutional Reform Act (2005)

Question 18

What did the Constitutional Reform Act (2005) do?

Answer 18

Created the UK Supreme Court

Question 19

What is the royal prerogative?

Answer 19

The remaining powers invested in the UK monarchy

Question 20

What is one power of the royal prerogative?

Answer 20

The ability to close (prorogue) Parliament

Question 21

Name an example of Parliament being prorogued?

Answer 21

August 2019 - PM Johnson wanting Parliament prorogued by the Queen for longer than the usual 5 weeks

Question 22

Why is it believed that PM Johnson want Parliament prorogued longer than normal?

Answer 22

To avoid criticism over his government’s Brexit dealings

Question 23

What happened with the proroguing by PM Johnson?

Answer 23

It was granted, then declared unlawful by the Supreme Court (11-0) in September 2019

Question 24

What is the Supreme Court’s ruling an example of?

Answer 24

The courts getting involved in politics

Question 25

What is a convention?

Answer 25

An agreed upon practice observed repeatedly

Question 26

Name an example of a convention?

Answer 26

The Monarch giving Royal Assent to any bills that have passed Parliament, regardless of personal feelings about them

Question 27

When was the last time Royal Assent was refused?

Answer 27

1707 - Queen Anne refused to sign the Scottish Militia Bill

Question 28

What are works of authority?

Answer 28

Books and articles which outline how Parliament works

Question 29

What are viewed as the UK Parliament’s works of authority?

Answer 29

-The English Constitution (1867)
-Introduction to the Study of the Law of the Constitution (1885)
-Parliamentary Practice (1844)
-Cabinet Manual (2010)

Question 30

Who wrote The English Constitution (1867)?

Answer 30

Walter Bagehot

Question 31

What did Bagehot write in the book?

Answer 31

-The monarch is a figurehead
-The cabinet holds much of the real power

Question 32

What did Bagehot describe the Cabinet as?

Answer 32

The “hyphen which joins, the buckle which fastens, the legislative part of the state to the executive part of the state…”

Question 33

Who wrote “Introduction to the Study of the Law of the Constitution”?

Answer 33

A.V Dicey

Question 34

What did Dicey’s book say?

Answer 34

-The monarch must assent to any law passed by Parliament,
-Advocated parliamentary sovereignty -Parliament can make or change any law

Question 35

What was the phrase Dicey used to describe Parliament’s power?

Answer 35

An “absolutely sovereign legislature”

Question 36

Who wrote “Parliamentary Practice”?

Answer 36

Erskine May

Question 37

What is Erskine May’s book referred to as?

Answer 37

The “Bible of parliamentary procedure…”

Question 38

What does Erskine May’s book include?

Answer 38

-The standing orders of each chamber (Commons/Lords)
-Key rulings by the speaker
-Historical precedence in Parliament

Question 39

Who wrote “The Cabinet Manual”?

Answer 39

The Cabinet Office

Question 40

Name three topics the Cabinet Manual covers?

Answer 40

-Cabinet composition
-Ministerial conduct
-Scrutiny of government by Parliament

Question 41

Name an example of one of these works of authority has been used in Parliament?

Answer 41

March 2019 - Speaker John Bercow used “Parliamentary Practice” to cite a 1604 convention to stop PM May from bringing their Brexit deal forward for a third time in one session of Parliament

Question 42

Are works of authority held to the same standard as laws?

Answer 42

NO - works of authority are important, but can be overruled by Parliament