5.1 - The Nature of the UK Constitution

Question 1

What is a constitution?

Answer 1

The determinant for where power is located within a nation state and the rules by which it is governed.

Question 2

Why is the UK constitution so different to other nations?

Answer 2

Since the Norman Conquest in 1066, there has not been a historical event that has entirely altered the principles on which the nation is governed.

Question 3

What was the first Act that established the right of the people?

Answer 3

Magna Carta 1215

Barons placed limits on the power of the monarchy.
* The monarch is not above the law.
* One cannot be punished without due process of law.

Question 4

Why has the UK constitution developed in the manner it has?

Answer 4

It has been evolutionary, with no revolution required to break it from the past.

Question 5

What is an uncodified constitution?

Answer 5

The constitution is derived from a variety of sources.

Question 6

What is a codified constitution?

Answer 6

The constitution is contained within one document and is superior to all other law.

Question 7

What is an unentrenched constitution?

Answer 7

The way in which the state is governed can be changed simply through an Act of Parliament.

Question 8

What is an entrenched constitution?

Answer 8

It is impossible to alter the constitution without complicated procedures requiring the agreement of more than just legislature.

Question 9

What is parliamentary sovereignty?

Answer 9

Parliament is the supreme legislative body.

It is free to enact any legislature as there is no authority greater than Parliament.

Question 10

What are the rights of British citizens often seen as?

Answer 10

Negative rights.

i.e. the British public are free to do anything that has not been forbidden by Parliament.

Question 11

How are the civil liberties of the British public protected?

Answer 11

• The principle that the government should act according to the rule of law.
• There is an independence from the judiciary and government.
• Judges interpret the law according to the principles of natural justice.

Question 12

What is the rule of law?

Answer 12

The same laws apply equally to every citizen and the government is subject to the same laws as everyone else.

Question 13

What is a unitary state?

Answer 13

Power is centralised and the central government possesses absolute authority.

Question 14

What legislative changes have reduced the unitary powers of the UK?

Answer 14

Devolution of powers to Scotland, Wales and Northern Ireland.

Question 15

What are the sources of UK constitution?

Answer 15

• Common Law
• Statute Law
• Conventions
• Authoritative Works

Question 16

How long has the UK constitution been developed over?

Answer 16

800 years.

Question 17

How is statute law a source of UK constitution?

Answer 17

Acts such as the Parliament Act 1911 removed the House of Lords’ right of veto.

Question 18

What is statute law?

Answer 18

A parliamentary bill which has been approved by both Houses.

(In the UK there is no authority greater than statute law)

Question 19

How is common law a source of UK constitution?

Answer 19

How the judiciary interprets statute law to set precedence to be followed in future cases.

Question 20

What is common law?

Answer 20

Judgements made by judges in important legal cases.

Question 21

What are some landmark common law cases?

Answer 21

Somerset v Stewart 1772 (Nothing in English statute law justified slavery)
Bushell’s Case 1670
R v R 1991 (illegal for a husband to rape his wife)

Question 22

What is a convention?

Answer 22

A convention represents the accustomed way in which political activity is carried out.

Conventions do not legally have to be followed, as their constitutional significance derives from the force of tradition.

Question 23

What are some examples of conventions in the UK?

Answer 23

Salisbury Convention
Collective Ministerial Responsibility
Consultation of Parliament to decide if we go to war
The public should be consulted in referendum to legitimise proposed changes to UK constitution.

Question 24

What are authoritative works?

Answer 24

Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom,

Question 25

What is a treaty?

Answer 25

A written agreement between two or more political entities.

Question 26

What case placed EU law above UK law?

Answer 26

Factortame 1991

Question 27

What effect did the Factortame case have on parliamentary sovereigty?

Answer 27

Pooling sovereignty with a supranational organisation placed some limits on UK parliamentary sovereignty.