Chapter 2 Consititon Wb Question Task

Question 1

Define a codified constitution (with an example)

Answer 1

A codified constitution is a written document that outlines the fundamental laws and principles of a state.

Example: The Constitution of the United States.

Question 2

Define an uncodified constitution (with an example)

Answer 2

An uncodified constitution is not written in a single document but is based on statutes, conventions, and judicial decisions.

Example: The Constitution of the United Kingdom.

Question 3

What does it mean that the UK constitution is entrenched?

Answer 3

It means that certain laws are protected and cannot be easily amended or repealed without a specific process.

Question 4

What does it mean that the UK constitution is unentrenched?

Answer 4

It means that laws can be changed by a simple majority in Parliament without special procedures.

Question 5

What does the Fixed-term Parliaments Act 2010 define about the UK constitution’s lack of entrenchment?

Answer 5

It establishes rules for when elections can be called, demonstrating a shift towards more structured parliamentary procedures.

Question 6

What type of laws are justiciable?

Answer 6

Laws that can be adjudicated by the courts and enforced through judicial review.

Question 7

What is meant by a codified constitution?

Answer 7

A constitution that is written in a single document and is legally binding.

Question 8

Why is the UK constitution considered flexible?

Answer 8

Because it can be amended by a simple majority in Parliament.

Question 9

Who decides what the UK constitution is at any one time?

Answer 9

Parliament and the judiciary determine the constitution’s interpretation.

Question 10

What is legal sovereignty?

Answer 10

The ultimate authority to make and enforce laws within a jurisdiction.

Question 11

What is meant by constitutional sovereignty under a codified constitution?

Answer 11

The principle that the constitution is the supreme law and cannot be overridden by ordinary legislation.

Question 12

Where does legal sovereignty lie under the UK constitution?

Answer 12

Legal sovereignty lies with Parliament.

Question 13

What is a federal constitution? Give an example.

Answer 13

A federal constitution divides powers between central and regional governments.

Example: The Constitution of Canada.

Question 14

What is a unitary constitution? Give an example.

Answer 14

A unitary constitution centralizes power in a single national government.

Example: The Constitution of the United Kingdom.

Question 15

Why might ‘quasi-federal state’ be a better description of the UK?

Answer 15

Because it has devolved powers to regional governments while retaining central authority.

Question 16

What are the three elements of parliamentary sovereignty in the UK?

Answer 16

• Parliament can make or unmake any law
• No Parliament can bind a future Parliament
• Courts cannot question the validity of Parliament’s legislation.

Question 17

What is meant by the rule of law?

Answer 17

The principle that all individuals and institutions are accountable to the law.

Question 18

What is statute law?

Answer 18

Laws enacted by Parliament.

Question 19

Give an example of a statute law with constitutional significance.

Answer 19

The Human Rights Act 1998.

Question 20

Why is statute law arguably the most important source of the UK constitution?

Answer 20

Because it establishes the legal framework within which the government operates.

Question 21

What is common law?

Answer 21

Law developed through court decisions and precedents.

Question 22

What is common law sometimes referred to as?

Answer 22

Case law.

Question 23

What is judicial precedent?

Answer 23

The principle that courts should follow previous decisions in similar cases.

Question 24

What is a convention?

Answer 24

An established practice that is followed by the institutions of government but is not legally enforceable.

Question 25

Are conventions more or less ‘concrete’ than statute law as a source?

Answer 25

Less concrete.

Question 26

Briefly describe three constitutional conventions in the UK.

Answer 26

• The Prime Minister must be a member of the House of Commons
• Monarch must give royal assent to legislation
• Cabinet collective responsibility.

Question 27

What is an example of a constitutional convention being broken?

Answer 27

The resignation of a Prime Minister after losing a vote of confidence.

Question 28

What is an ‘authoritative work’?

Answer 28

A scholarly text that provides guidance on constitutional matters.