Ch 5: Constitutional Fundamentals

Question 1

What is a Constitution?

Answer 1

The set of rules by which a state or country operates

Question 2

What are the 3 core principles of the UK constitution?

Answer 2

The Rule of Law
The separation of powers
The sovereignty of Parliament

Question 3

What is a written constitution?

Answer 3

A constitution set out in a single document containing fundamental law and defining powers of the branches of state

Question 4

What countries other than the UK have an unwritten constitution?

Answer 4

Israel and New Zealand

Question 5

What are the advantages of an unwritten constitution?

Answer 5

It is highly flexible - easily amended compared to a Rigid written constitution

Question 6

Does the UK have a formal separation of powers?

Answer 6

No. The separation of powers in the UK are informal as there is no formal definition of mechanism to keep them separate. The US for example has a very formal separation of powers.

Question 7

What are the three branches of State which are kept separate?

Answer 7

• Legislature
• Executive
• Judiciary

Question 8

What are the core principles of Rule of Law?

Answer 8

• All actions of state or government should be permitted by law
• Laws should be made following set procedure
• Laws should be clear
• Laws should be certain
• Equality before Law

Question 9

What are the sources of the UK constitution?

Answer 9

• Acts of Parliament
• Case Law
• Royal Perogative
• Constitutional Conventions

Question 10

What are some of the key Acts of Parliament which are considered Constitutional?

Answer 10

• Magna Carta 1215
• Bill of Rights 1689
• Acts of Union 1706-7
• Parliament Acts 1911 and 1949
• Police and Criminal Evidence Act 1984
• Public Order Act 1986
• Human Rights Act 1998
• Constitutional Reform Act 2005

Question 11

What was the aim of the Parliament Acts of 1911 and 1949

Answer 11

To ensure the will of the elected House of Commons would prevail over the House of Lords. Allows legislation to b enacted without House of Lords approval.

Question 12

What was the aim of the Constitutional Reform act of 2005?

Answer 12

Reform the role of the Lord Chancellor, transferring the Head of Judiciary to the Lord Chief Justice. Also created the Supreme Court.

Question 13

What was the aim of the Public Order Act of 1986?

Answer 13

To place limitations on the rights of citizens to hold marches and meetings on public.

Question 14

What is the principle of Residual Freedom?

Answer 14

Citizens are free to do or say whatever they wish unless the law clearly states that such is prohibited

Question 15

Can Parliament or the Monarchy resolve legal disputes?

Answer 15

No. The Case of Prohibitions 1607 ruled that the King cannot judge a legal case.

Question 16

What is Habeus Corpus?

Answer 16

The right of an individual detained by the state to have the legality of that detention tested before a court.

Question 17

What is the codified legal basis for the Right to a Fair Hearing?

Answer 17

Article 6 of the ECHR, now incorporated into UK law

Question 18

What is a Judicial Review?

Answer 18

A mechanism which allows the courts to ensure that the Government and other public bodies exercise the powers granted in the proper way and do not breach rule of law

Question 19

What is Royal Perogative?

Answer 19

Every act a Government can do without the authority of an Act of Parliament.

Question 20

What are the principle areas of Royal Perogative?

Answer 20

• Foreign Affairs e.g Declaration of War, making Treaties etc
• Domestic Affairs e.g summoning Parliament, appointment of the PM, Public Honors etc

Question 21

Can the Royal Perogative be changed?

Answer 21

Yes, Acts of Parliament can remove items from Royal Perogative (and have done - e.g Fixed Term Parliaments Act)

Question 22

What is a constitutional convention?

Answer 22

1) Rules of constitutional behavior
2) considered to be binding
3) Not enforced by the Law courts

Question 23

What is the constitutional convention of Royal Assent?

Answer 23

The Monarch will always assent to a bill which has passed Parliament

Question 24

What is the Constitutional Convention of Collective Cabinet Responsibility ?

Answer 24

The cabinet is collectively responsible to the Parliament for the actions of the Government as a whole

Question 25

Why do Constitutional Conventions exist?

Answer 25

• limit powers of the Monarch without constitutional overhaul (e.g dissolution)
• Maintain separation of powers
• ensure the Government is accountable to Parliament

Question 26

Does the Ministerial Code have any legal power?

Answer 26

No - although it does state explicitly many constitutional conventions

Question 27

What is the argument against codifying constitutional conventions?

Answer 27

• Politically and Constitutionally contriversial
• Erodes flexibility of such conventions

Question 28

Arguments in favor of a UK written constitution?

Answer 28

• Promote Civil cohesion and education
• Achieve proper separation of powers
• More effective protection of human rights
• Clarify points of ambiguity (e.g referendums)

Question 29

Arguments against a UK written constitution?

Answer 29

• Who has legitimacy to draft it?
• Reduces flexibility
• Represent values at a point in time and rapidly outdated
• Grants too much power to the Judiciary (e.g US Supreme Court)