Chapter 3-The Constitution

Question 1

when are codified constitutions generally produced?

Answer 1

At a critical juncture in a nation’s history
newly found independence
war
period of authoritarian rule

Question 2

Distinguish what an uncodified constitution is

Answer 2

• There is no single authoritative document, instead, the rules and principles governing the state are found in several sources unwritten and written
• Constitutional laws have the same status as a regular statute
• It is not entrenched so can be easily amended in the same way as ordinary law
• Judicial review is limited because there is no single authoritative document judges can use

Question 3

what are the five sources of the constitution ?

Answer 3

Statute law
Common law 
conventions
authoritative works 
treaties

Question 4

what is statute law?

Answer 4

law derived from acts of parliament and subordinate legislation

Question 5

what are some examples of statute law?

Answer 5

Great reform act 1832-extended the franchise
Parliaments act 1911 and 1949
Scotland act 1998
HRA 1998
Fixed terms parliament act 2011

Question 6

what is common law?

Answer 6

Law derived from general customs or traditions and the decisions of judges

Question 7

What is royal prerogative?

Answer 7

Discretionary powers of the Crown that are exercised by government ministers in the monarch’s name

Question 8

What does common law cover?

Answer 8

Judge-made law
customs
precedents
e.g royal prerogative

Question 9

what did the royals prerogative powers traditionally include ?

Answer 9

Appoint ministers and choose the PM
give royal assent to legislation
declare war and negotiate treaties

Question 10

What are conventions?

Answer 10

Established norms of political behaviour rooted in past experience rather than law

Question 11

What sought to bring conventions into a single document?

Answer 11

2011 Cabinet office Manual

Question 12

what are four key principles that are said to underpin the UK constiution?

Answer 12

Parliamentary sovereignty
the rule of law
a unitary state
Parliamentary government under a constitutional monarchy

Question 13

what are the three main strands of the rule of law?

Answer 13

No one can be punished without trial
No one is above the law and all are subject to the same justice
The general principle of the constitution such as personal freedoms result from judge-made law common law rather than from parliamentary statute or executive order

Question 14

In a unitary constitution:

Answer 14

• Subnational institutions do not have autonomous powers that are constitutionally safeguarded
• the regional government may be weak or non existent
• local government has little power

Question 15

what is cabinet government?

Answer 15

A system of government in which executive power is vested not in a single individual but a cabinet whose members operate under the doctrine of collective responsibility

Question 16

What are the strengths of the UK constitution ?

Answer 16

• Adaptability -UK const has evolved gradually in the face of changed circumstances. Pragmatic reforms are introduced where there is a clear case for change
• Strong government- provides for a strong and effective gov executive is where power day to day resides de facto
• Accountability- gov is accountable to both parliaments which scrutinises its activities and the wider electorate. An unpopular gov will pay the price at the polls

Question 17

What are the weaknesses of the UK constitution?

Answer 17

Outdated and undemocratic- critics portray it as outdated, inefficient and undemocratic. Royal prerogative dates back to medieval times or HoL

• Concentration of power- power dangerously at the centre of few safeguards against the arbitrary exercise of state power. Rule of law is not fully protected governments can undermine civil liberties
• Lack of clarity- creates problems in interpretation rights and responsibilities are poorly defined and not entrenched citizens cannot engage with the system

Question 18

What four interlocking themes drove Labour’s promise of constitutional reform after emerging gloriously from the 1997 election?

Answer 18

-Modernisation, parliament, civil service and the executive were using outdated and inefficient procedures that demanded reform
-Democratisation -participation in the political process would be encouraged through electoral reform and greater use of
referendums
-Decentralisation-role of local government being enhanced and more decision making powers given to devolved assemblies
- Rights- the rights of citizens would be strengthened and safeguarded

Question 19

New Labour’s constitutional reforms 1997-2010 in area of rights

Answer 19

• The HRA 1998 incorporates the European Convention on Human Rights into UK law
• The freedom of information act 2000 gives greater access to information held by public bodies

Question 20

New Labour’s constitutional reforms 1997-2010 in area of devolution

Answer 20

A Scottish parliament with primary legislative and tax-raising powers
A Northern Ireland Assembly with primary legislative powers
-A welsh assembly with secondary legislative powers
-A directly elected mayor of London and a London assembly
- Elected mayors in some English authorities

Question 21

New Labour’s constitutional reforms 1997-2010 in area of electoral reform

Answer 21

New electoral systems for devolved assemblies for the European Parliament and for elected mayors

Question 22

New Labour’s constitutional reforms 1997-2010 in area of Parliamentary reform

Answer 22

All but 92 hereditary peers are removed from the House of lords limited reforms to the workings of the house of Commons

Question 23

New Labour’s constitutional reforms 1997-2010 in area of judiciary

Answer 23

The constitutional reform act 2005
Supreme court started work in 2009
New judicial appointments system
changes to role of lord chancellor

Question 24

A few examples of rights protected by the HRA

Answer 24

Right to life
right to a fair trial
freedom from torture and degrading treatment
freedom from discrimination

Question 25

what did the House of Lords reform act 1999?

Answer 25

Abolished the right of all but 92 hereditary peers to sit and vote in the upper house

Question 26

What recommendations of the 2009 house of commons committee came into force in the wake of the 2010 general election

Answer 26

• chairs of select committees to be elected by backbenchers
• a backbench business committee to determine the business of the house of commons for 1 day each week
• a petitions committee to select issues for debate that have been suggested by the public via e-petitions

Question 27

what constitutional reform occurred during the coalition

Answer 27

• Fixed terms Parliaments act 2011
• The Scotland act 2012
• The protection of freedoms act 2012
• House of Lords reform act 2012
• The wales act 2014

Question 28

what did the Scotland act 2016 do ?

Answer 28

• devolved institutions were granted new powers over taxation and allowed to set the rates and thresholds of income tax as well as gain control of 50% of VAT levies
• Scottish gov responsible for raising 50% money it spends
• Scottish parl given new legislative powers including road signs, speed limits and some welfare benefits

Question 29

In 2013 the electoral reform society published.. to argue the UK constitutional arrangements should be remodelled with a view to delivering what three outcomes

Answer 29

Active participation and engagement -
piloted in the form of 
simplifying voter registration 
lowering voter age to 16 
making wider use of e-democracy 
opening up candidate selection

fair representation-
Electoral reform
redrawing electoral districts

good governance -
completing lords reform
modernising the commons
enhancing local democracy