Characteristics of the UK Constitution Flashcards
What is the best description of the UK constitution?
A. Codified, flexible, entrenched
B. Uncodified, rigid, entrenched
C. Uncodified, flexible, based on multiple sources
D. Codified, strict, enforceable by a constitutional court
C. Uncodified, flexible, based on multiple sources
Explanation: The UK constitution is not set out in a single written document. It is flexible and based on various sources such as statutes, case law, and constitutional conventions.
Which of the following is a constitutional statute in UK law?
A. Theft Act 1968
B. Housing Act 1985
C. Companies Act 2006
D. Human Rights Act 1998
D. Human Rights Act 1998
Explanation: The Human Rights Act 1998 is considered a constitutional statute because it significantly shapes the relationship between the state and individuals by incorporating the European Convention on Human Rights into UK law.
Sam is writing a book critical of the government. Agents break into his home on the order of a government minister to seize the manuscript. What key constitutional case would support Sam’s claim that this was unlawful?
A. R (Miller) v Prime Minister
B. Entick v Carrington
C. GCHQ case
D. R (Evans) v Attorney General
B. Entick v Carrington
Explanation: Entick v Carrington (1765) established that the government cannot act against an individual without lawful authority. It protects against arbitrary state power.
A Bill has passed both Houses of Parliament and is awaiting Royal Assent. The monarch refuses to sign it. What constitutional convention has been breached?
A. The convention that Royal Assent is always granted
B. The Sewel Convention
C. The convention that judges must be impartial
D. The convention of individual ministerial responsibility
A. The convention that Royal Assent is always granted
Explanation: By long-standing convention, the monarch always grants Royal Assent to Bills passed by Parliament. Refusing to do so would violate this core constitutional practice.
Parliament passes a law limiting judicial review of government decisions. The new law is criticised for concentrating too much power in the executive. What constitutional principle does this most directly undermine?
A. Parliamentary sovereignty
B. Royal prerogative
C. Rule of law
D. Collective cabinet responsibility
C. Rule of law
Explanation: The rule of law requires that government actions be subject to legal oversight. Limiting judicial review undermines this principle by reducing accountability.
