1 - The nature and sources of the british constitution

Question 1

What is the 4 natures of the Uk constitution

Answer 1

Uncodified
Unitary
Rule of Law
Parliamentary sovereignty

Question 2

Significance of the constitution being uncodified with an example

Answer 2

Makes it easier to adapt eg simply acts of parliament

Question 3

significance of a unitary state

Answer 3

Any power given to the regions is delegated, not permanent

Question 4

Significance of the Rule Of Law and an example

Answer 4

can lead to government having to reverse an action eg, in 2019 Boris Johnson was found by the courts to of acted illegally by proroguing parliament

Question 5

Significance of parliamentary sovereignty

Answer 5

No parliament can bind their successor, meaning the constitution can change over time

Question 6

What does “Micro-codified” mean and an example

Answer 6

parts of the constitution is written, eg. The equality act 2010 brought together the equal pay act 1970 and the disability discrimination act 1995

Question 7

What are the 5 sources of the UK’s constitution

Answer 7

Statute law
Works of authority
International treaties
Conventions
Common law

Question 8

Definition of statute law and an example

Answer 8

Acts of parliament that affect and alter the british constitution, also sets the rules on human rights. eg, the human rights act 1998

Question 9

Significance of statute law

Answer 9

British constitution remains flexible, with the trend being expanding and protecting democracy and rights

Question 10

definition of Common law and an example

Answer 10

Laws passed down over the years by judges, represents judicial precedence.
Eg Magna carta

Question 11

Significance of common law

Answer 11

Doesn’t have precedence over statute law and can be changed by it

Question 12

Definition of royal prerogative and an example

Answer 12

The powers of the monarch are transferred to the pm, eg, technically the armed forces are ran by the monarch but the orders come from the governemnt

Question 13

Significance of the royal prerogative and an example

Answer 13

can be limited by acts of parliament, eg fixed-term parliament act 2011

Question 14

definition and example of conventions

Answer 14

Unwritten traditions that ensure government run more smoothly, eg , the 1945 Salisbury- Addison convention whereby the lords agreed to not stop policy on a party’s manifesto

Question 15

Significance of conventions and examples

Answer 15

Normally work well, eg allowed David Cameron to form a coalition government.

Conventions aren’t protected by anything eg, the lords rejected the 1909 people’s budget

Question 16

definition of works of authority and an example

Answer 16

the writing and books of constitutional experts that clarify it eg, Walter Bagehot’s the english constitution and recently the cabinet manual (2010)

Question 17

definition of international treaties and conventions and an example

Answer 17

Treaties or agreements the uk has signed up to, eg , the ECHR

Question 18

Significance of international treaties and conventions

Answer 18

All laws must comply with them, eg The rwanda deal (2022) was stopped by the ECHR

Question 19

What is the magna carta

Answer 19

1215
Agreement that the king was under the law
Right to a fair trial

Question 20

Significance to the magna carta

Answer 20

Seen as a landmark document in the development of human rights

Question 21

What is the Bill Of rights

Answer 21

1689
Agreement between king and parliament
created Parliamentary privilege
Principle of no tax raises without parliaments agreement
Created parliamentary sovereignty

Question 22

What is parliamentary privilege and an example

Answer 22

The right of MP’s for free speech within Westminster, EG, in july 2021 an Colum Eastwood used it to name “Soldier F” a soldier accused of involvement in the bloody sunday shootings in NI

Question 23

What is the act of settlement

Answer 23

1701
Only protestants could become the king
Asserted parliaments dominant position
Established the view the monarch existed on parliaments terms

Question 24

Parliament acts

Answer 24

1911 - Removed the Lords ability to veto bill to only 2 years
1949 - Reduced the delay to 1 year

Question 25

European communities act

Answer 25

1972 Made the uk join the European union

Question 26

How does Brexit show parliamentary sovereignty

Answer 26

A government in 2016 can overturn a law what a 1972 parliament made

Question 27

Recent developments since 1997 of the constitution

Answer 27

The data prevention act 1998 House of lords act 1999 Fixed-term Parliaments act 2010 Freedom of information act 2000 The european union withdrawal act 2018

Question 28

definition of the freedom of information act 2000

Answer 28

Requires public bodies to publish certain information about their activates, and allow members of public to request the information.

Question 28

Significance of the freedom of information act 2000

Answer 28

Designed to promote openness and transparency to bodies that get taxpayers money. Was meant to boost public trust in these organisations

Question 28

Strengths of the freedom of information act 2000

Answer 28

it allows pressure groups to find examples of waste or inefficiency Allows public scrutiny of policy and how they work in practice eg, In 2006 there was a highly publicised knife amnesty, an FOI request showed that it had minimal damage on knife crime An important tool for journalists eg, The act played a role in uncovering mp's expenses scandal in 2009

Question 28

Weaknesses of the Freedom of information act 2000

Answer 28

Public bodies can reject a request for a variety of reasons because of national security, cost or because it was deemed "Vexatious" In 2020 around 50% of requests were denied Often the cases were denied because it would release information about an individual, which can lead to a conflict between a right of an individual or the public to gain access to information about public officials

Question 29

Definition of the Fixed-Term parliaments act 2011

Answer 29

Passed following the coalition government in 2010 Weakened the power of the PM to call snap elections Parliaments need a super majority to call an early election Was due to be repealed in 2021 following the conservatives manifesto

Question 30

Strengths of the Fixed-term Parliaments act

Answer 30

Allowed the coalition government to work in a stable and effective manner for 5 years Is fairer on the junior member of the coalition as they would normally have no say when calling another election

Question 31

Weaknesses of the Fixed-Terms parliament act

Answer 31

The act was only passed due to the circumstances, normally this act would of never happened It failed to protect the Lib Dems who fell from 57 Mp's to 9 in 2015 Johnson got around the act in 2019 ad called an early election by a voe of 438 to 20 in 2019

Question 32

The british constitution protects citizens rights well

Answer 32

Overtime more laws preventing discrimination and more rights have been defended , such as the right to info from public bodies Codification would not enhance awareness of individual collective rights Large number of people and pressure groups use the courts to assert their rights and demand info from public bodies The electorate is unlikely to vote for MP's that take away their rights

Question 33

The british constitution protects citizens rights poorly

Answer 33

Many laws have loopholes and can not work EG, the 2018 furore over unequal pay for female journalists at the bbc Because of parliamentary sovereignty no rights are entrenched Parliament could repeal or change laws and citizens couldn't stop this With brexit the double lock of the ECHR will be lost

Question 34

Examples of individual rights

Answer 34

The right to privacy The right to free speech and opinions The right to not be discriminated against

Question 35

When might collective rights clash with the individual right to free speech

Answer 35

The collective right of people of a group such as muslims to be subjected to hate speech

Question 36

When might collective rights clash with the individual right to Privacy

Answer 36

People having their phone calls monitored in involvements such as terrorism

Question 37

When might collective rights clash with the individual right to be covid vaccinated

Answer 37

People who are classed as vulnerable to be protected form Covid-19