1 - Uk Constitution

Question 1

What are the functions of the legislature?

Answer 1

Creates, modifies, repeals or amends law

Question 2

What is parliament?

Answer 2

Law making authority consisting of the HOL, HOC and The Monarch’s royal assent

Question 3

What is the difference between bicameral and unicameral?

Answer 3

One v two chamber system

Question 4

What is the main function of the executive?

Answer 4

Implement the law

Question 5

What is the main function of the judiciary?

Answer 5

Enforce and interpret law to adjudicate disputes between individuals and the state and individuals

Question 6

What is a constitution?

Answer 6

The rules, from one source or more, which govern the state

Question 7

What are three purposes of a constitution?

Answer 7

1. Ensure allocation of powers
2. Ensure citizens are governed in accordance with democratic principles
3. Ensure those who govern have legitimacy

Question 8

Three main ideas behind constitutionalism?

Answer 8

1. Limitation of power
2. Accountable government
3. Separation of powers

Question 9

6 characteristics of a constitution according to Sir Kenneth Wheare

Answer 9

1. Codified/ uncodified
2. Entrenched/ flexible
3. Supreme/ subordinate
4. Unitary/ federal
5. Separated/ fused powers
6. Monarchal/ republican

Question 10

What does entrenched mean?

Answer 10

Laws can only be amended through rigid procedure I.e USA

Question 11

What is the difference between subordinate and supreme?

Answer 11

Legislative powers of sovereign body are unlimited, subordinate means legislative powers are limited by higher law

Question 12

4 functions of the HOC

Answer 12

Legislation, scrutiny of executive, control of finance and redress of grievances

Question 13

What did the HOL act 1992 do?

Answer 13

Sought to remove hereditary peers, decreased the size to 92

Question 14

What did the parliament act 1911 do?

Answer 14

Removed power of HOL to reject money bills, abolished their power to veto public bills and replaced it with delaying power of 2 years and no bills could be passed to extend parliaments 5 year term

Question 15

7 stages to pass a bill

Answer 15

First reading second reading committee stage report stage third reading HOL royal assent

Question 16

What is primary legislation

Answer 16

Green paper bills which propose general changes and white paper bills are specific and propose formal changes

Question 17

What is secondary legislation

Answer 17

Broad framework then delegated to other bodies to carry out and the courts can review their basilica

Question 18

What are the 4 legal sources of the UK constitution

Answer 18

Royal prerogative
Legislation
Judicial precedent
EU law

Question 19

What was the Entick v Carrington case 1765

Answer 19

Established that action by the executive which interferes with civil liberties must have a legal basis

Question 20

What are the 4 sources of EU law

Answer 20

Treaties - foundation of all EU law
Directives - lay down objectives which are left to individual states to achieve it
Regulations - don’t need to go through national implementation
Case law - binding on the UK

Question 21

Constitutional conventions are also sources of UK constitution, name some examples

Answer 21

Royal assent not to be denied
HOL cannot introduce financial bills
Parliamentary committees reflect party strength in HOC
PM chooses cabinet

Question 22

What are constitutional conventions

Answer 22

Descriptive rules of behaviour that are not binding in law - dicey

Question 23

What is the nature of conventions?

Answer 23

Develop in an revolutionary way, no source, informal rules of political practice and regulate the houses

Question 24

What is collective ministerial responsibility

Answer 24

All ministers must accept cabinet decisions and support them publicly and vote for them. If not then they must resign. confidence, unanimity and confidentiality

Question 25

What is individual ministerial responsibility

Answer 25

The minister for the department must accept responsibility and resign over errors in their departments