1.1.1 The British Constitution

Question 1

Describe the uncodified nature of the British Constitution.

Answer 1

An uncodified constitution is:

• Not authoritative
  It has the Same status as ordinary laws. Single-tier legal systems with no form of higher law.
  In context: UK Constitution has multiple sources (written & unwritten), and constitutional practices can be altered.
• Not entrenched
  Constitutional practices can be altered by a simple act of parliament (passing of a statute under parliamentary sovereignty)
  In context: ‘Fast-track legislation’ in UK constitution, e.g. Criminal Justice (Terrorism & Conspiracy) Bill 1998.
• Non judicable
• Increasingly rare
  Only 3 liberal democracy’s (UK, Israel and New Zealand) adopt Uncodified constitution.

Question 2

Definition of a ‘constitution’.

Answer 2

A body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. - Oxford Dictionary of English

Set of laws established in the governance of a country.

Sets out the rules and principles that govern the ruling body.

Question 3

What does a constitution set out?

Answer 3

• An outline of the responsibilities of different governmental divisions.
• Power relations between various institutions.
• The powers of the governing body, its limitations (‘Limited Government’)
• The rights, freedoms & responsibilities of citizens being governed.

Question 4

Functions of a constitution

Answer 4

• Grant legitimacy to governing body
• Protect freedom
• Illustrates the nation’s goal & values
• Set out spheres of influence of tiers of government (esp. in Federal States)
• Create/ represent a fresh start for the country after reform
• Encourage governmental stability

Question 5

Describe the unitary nature of the British Constitution.

Answer 5

A constitution that concentrates sovereign power in a single body of national government. UK, France and Israel for example, are unitary states.

• Constitutional supremacy of central government over local/ regional bodies, bu conferring sovereignty in national legislature.
• Can create, abolish, strengthen & weaken other institutions.
• Unrivalled & unchallengeable legislative authority, where local/ regional entity does not enjoy a share of sovereignty.

Question 6

Describe the flexible nature of the British Constitution.

Answer 6

No laws are regarded as fundamental, no formal process for constitutional amendment (a relatively easier lawmaking process). In context, an uncodified constitution (e.g. British Constitution) is seen as more flexible.

Question 7

Define “uncodified constitution’.

Answer 7

Uncodified constitution refers to a constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.

Question 8

State 5 natures of the British Constitution.

Answer 8

• Uncodified
  A constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.
• Unitary
  A constitution that that concentrates sovereign power in a single body of national government.
• Flexible
  No laws are regarded as fundamental, no formal process for constitutional amendment (relatively easier law making process)

- Monarchical
Hereditary right (The Queen as hereditary Head of State)

• Parliamentary

Question 9

State the sources of the British Constitution.

Answer 9

Statute Law
Common Law
Conventions
Works of Constitutional Authority
European Law and Treaties