Constitution 2

Question 1

What is an uncodified constitution?

Answer 1

Where the rules and laws ect are not written in one place and are instead found in many different sources

Question 2

What are the sources of the British constitution?

Answer 2

Statute law
Common low 
Works of authority 
Conventions
European law

Question 3

What is statute law?

Answer 3

Law made by parliament in the legislative process.
Most important because of sovereignty

Human rights act 1998

Question 4

What is common law?

Answer 4

Law developed and applied by courts
However the human rights act has decreased need for this.

The royal prerogative/ powers eg appointment of ministers

Question 5

What are conventions?

Answer 5

Rules or norms which are given authority due to long usage.

The queen must assent to acts of parliament.

Question 6

What are authoritative works?

Answer 6

Established legal and political texts. Only persuasive authority no legal

Walter Bagehot’s the English constitution

Question 7

What are the 4 basic principles of the British constitution?

Answer 7

Parliamentary sovereignty
The rule of law
The unitary state

Question 8

What are the rules around parliamentary sovereignty?

Answer 8

Can make a law on what ever they want

Cannot be over turned by anyone but the government

No parliament can bind their successors

Question 9

What is meant by the rule of law?

Answer 9

A system where the relationship between the state and the individual is governed by laws, which protect the individual from unfair state action.

Question 10

What is the constitution?

Answer 10

The rules, laws and practices and the relationship between different institutions.

The framework of the political system

Relationship between citizens and state

Question 11

What are the characteristics of a codified constitution?

Answer 11

One single authoritative document

High status- above all law

Entrenched so hard to change

Courts use it to determine wether things are constitutional

Question 12

What are characteristics of a uncodified constitution?

Answer 12

Found in a number of sources written and unwritten

Same status as ordinary law

Can be changed as not entrenched

Judicial review is limited

Question 13

What is the Bill of rights?

Answer 13

The authoritative statement of rights to citizens- normally in codified

Question 14

What is fundamental law?

Answer 14

Law from decisions in court cases

Question 15

What is judicial review?

Answer 15

The power of judges to review government actions and public authorities

Question 16

What are civil liberties?

Answer 16

Fundamental rights and freedoms

Question 17

What is the judiciary?

Answer 17

The branch of government responsible for interpreting law and deciding on legal disputes

Question 18

What is the executive?

Answer 18

Responsible for implementing policy

Question 19

What is the legislature?

Answer 19

The branch responsible for making laws

Question 20

What are the 5 constraints on parliamentary sovereignty?

Answer 20

Executive power
EU membership
Human rights act 
Devolution 
Referendums

Question 21

Why is executive power a limitation of parliamentary sovereignty?

Answer 21

Because the government are expected to act on their manifesto and cannot completely act against the people

Question 22

What case shows how eu law has precedence over statute law?

Answer 22

Factortame case 1990

Question 23

What are some if the strengths of having a traditional constitution?

Answer 23

Flexibility
Evolution- changes over time
Strong Government
Accountability

Question 24

What are the weaknesses of having a traditional constitution?

Answer 24

Lacks clarity- interpretations
Concentration of power
Outdated and undemocratic

Question 25

What reforms were brought in under the labour government?

Answer 25

Human rights act
House of Lords act 1999
Devolution- Scottish parliament
The constitutional reform act 2005- separation

Question 26

Argument for having a codified constitution:

Answer 26

Logical with new constitutional reforms 
Greater clarity
Reference points for courts 
Protection of citizen rights 
Would help citizens to understand the system

Question 27

Reason against having a codified constitution?

Answer 27

No agreed process on how to make it 
No consensus of what it should include 
Difficult to amend 
Give judges political power
No great popular demand