Chapter 6- The constitution

Question 1

What does a constitution aim to do?

Answer 1

• Comprises the laws, rules and practices by which a state is governed
• sets out formal r
• Framework for the political system
• Establishes main institutions of government and determines where the decision making authority resides
• Protects basic rights of citizens (Bill of rights)

Question 2

Why is a constitution important in a liberal democracy?

Answer 2

Defence against the abuse of power by the state and its institutions

Question 3

What system does having a constitution uphold?

Answer 3

Limited Government

Question 4

Is the constitution static?

Answer 4

No, the rules and practices will become adapted to suit the changing circumstances

Question 5

What do we mean by constitution neutrality and is the constitution neutral?

Answer 5

Constitution neutral means that the framework they provide (for example the electoral system) will favour some actors and others seek to change it and no, we are not neutral

Question 6

What is constitutionalism?

Answer 6

Theory and practice of government according to the rules and principles of constitution

Question 7

When does the government act in an unconstitutional manner?

Answer 7

When the actions are not in accord with the principles and practices set out in the constitution

Question 8

What is the UK’s constitution status?

Answer 8

uncodified

Question 9

What does this statement mean “A codified constitution has the status of fundamental law or higher law”

Answer 9

It places the codified constitution above any ordinary law made by the legislature which announces a two-tier legal system whereby the constitution has higher status than other law

Question 10

Who decides whether any provisions have been violated?

Answer 10

Constitutional or supreme court

Question 11

What makes it harder to change the provisions of a codified constitution?

Answer 11

Entrenched meaning that it has to undergo special procedures in order to amend it

Question 12

What is the key way in which the UK’s constitution can be amended?

Answer 12

Act of parliament- british constitution is reducible to what parliament enacts

Question 13

Are parliament restricted in terms of what they can amend and what they can’t?

Answer 13

No constitutional “no go” areas

Question 14

What limits judicial review in the UK?

Answer 14

Parliamentary sovereignty and uncodified constitution

Question 15

What does an uncodified constitution possess an issue?

Answer 15

No definitive criterion for determining what is unconstitutional

Question 16

What are the five sources of the British constitution?

Answer 16

• Statute law
• Common law
• Conventions
• Authoritative works
• European Law

Question 17

Who creates statute law?

Answer 17

Parliament

Question 18

What is the process before statute laws are placed in the statute book?

Answer 18

Approved by:

• HOC
• HOL
• Monarch

Implemented by executive and enforced by courts

Question 19

Why is statue law the most important source of principles and rules making up the British constitution?

Answer 19

Parliament is the sovereign body

Question 20

Examples of statute law that have been of constitutional importance

Answer 20

• Great Reform Act (1832) extended the franchise
• Parliament Act (1911) established HOC as the dominant chamber of parliament
• European Communities Act (1972) UK joined the EEC