British Constitution: Nature And Sources Of The British Constitution

Question 1

What type of document is the British constitution?

Answer 1

An uncodifed constitution

Question 2

What type of system does the British constitution define itself as, in the context of where power lies?

Answer 2

As a unitary system, meaning most power lies with the centre

Question 3

Due to more devolved assemblies in the UK what has this led many political commentators to call the current system?

Answer 3

Quasi-Federalism

Question 4

What is parliamentary sovereignty?

Answer 4

Parliament has the final say on what the Constitution contains

Question 5

What is the ‘rule of law’

Answer 5

everybody, regardless of status, power or wealth, is treated the same under the law

Question 6

What did 19th century political commentator A. V. Dicey refer that parliamentary sovereignty and rule of law was?

Answer 6

The ‘twin pillars’ of the British Constitution

Question 7

What are the main variety of sources that the British Constitution stems from?

Answer 7

Constitutional statue law, common law, the royal prerogative, conventions, works of authority and International agreements

Question 8

What is statue law?

Answer 8

Refers to Acts of Parliament, which form the most important source of the British constitution

Question 9

Before the UK left the European what indirectly formed part of the British constitution?

Answer 9

European laws and treaties, such as the Lisbon Treaty automatically took precedence over any laws passed by Westminster and were binding on the UK government

Question 10

What is common law?

Answer 10

Common law comprises laws or rights passed down over the years by legal judgements un the courts, a process known as judicial precedence

Question 11

What is an example of common law?

Answer 11

There is not one specific law that makes murder a criminal offence, there is a notion that it is a crime

Question 12

What is the royal prerogative?

Answer 12

The royal prerogative is the residual or remaining powers exercised in the name of the Crown

Question 13

What is an example of the royal prerogative?

Answer 13

The prorogue of parliament or issuing UK passports

Question 14

What are conventions?

Answer 14

Conventions are not written down anywhere but are generally agreed rules or procedures

Question 15

What is an example of a convention?

Answer 15

The Salisbury-Addison Convention of 1945, where after the Labour landslide election in 1945 the then Tory-dominated House of Lords agreed to not delay any pf the manifesto promises of the Labour government

Question 16

What are works of authority?

Answer 16

They generally comprise a variety of books and documents that deal with areas including parliamentary procedures and the responsibilities and duties of governments and ministers

Question 17

What do many political critics think of works of authority?

Answer 17

Are arguably the leats viable and clear sources of the British constitution

Question 18

In Walter Bagehot’s ‘The English Constitution’ (1867) what does that work of authority explain?

Answer 18

It distinguish between ‘dignified’ and ‘efficient’ aspects of the Constitution

Question 19

In A. V. Dicey’s ‘Introduction to the Study of the Law of the Constitution’ (1885) what does that work of authority explain?

Answer 19

Sought to explain and identify the main characteristics of the British Constitution, like the ‘twin pillars’ of democracy and also conventions like the monarch must assent to any legislation

Question 20

In Erskine May ‘Parliamentary Practice’ (1844) what does that work of authority explain?

Answer 20

Is regularly referenced by the speaker of the Commons when making rulings about the conduct of parliamentary business and debates