British Consitution

Question 1

What is the British Constitution made up of? (5 things)

Answer 1

Statute - Act of Parliament

Common Law - Judge made of case law

Conventions - customs and traditions

Treatises - books on constitutional law

Treaties - EU and other international agreements

Question 2

1) What Bill established the doctrine of Parliamentary sovereignty
2) and what’s is Par Sov, what does it do?

Answer 2

1) 1689 Bill of Rights

2) means monarch can only rule through parliament, shifts power away from monarch to parliament

Question 3

Who are the:

1) Executive
2) Legislature
3) Judiciary

Answer 3

1) PM and cabinet (most MP’s are also part of legislature).
2) Members of HOC and HOL (MP’s) they make new laws.
3) Supreme Court and other judges

Question 4

What did the French 18th century philosopher Baron de Montesquieu recommend?

Answer 4

Tripartite of powers

The executive, legislature and judiciary

Stop state becoming too powerful and to protect rule of law form government interference

Question 5

In 1215 what did Magna Courta establish?

Answer 5

First time principle for everyone including the king was subject to law, all free men entitled to free trial and open justice

Question 6

How does the British constitution differ from that of US and France

Answer 6

US and France have “written constitutions” (through rapid change like war, invasion, revolution etc) single document

UK there is no single document, several sources that contribute to British constitution, referred to as “unwritten constitution”

Question 7

1) What did some people argue was a violation of parliamentary sovereignty?
2) What act incorporated European Convention of Human Rights into British law do the ECHR and Parliament clash over

Answer 7

1) Membership to the EU and pooling of sovereignty on certain issues was seen as a violation
2) Human Rights Act 1998, clashes between the two, recently after UK’s blanket ban on banning prisoners voting, which ECHR ruled contravenes the convention