Constitution

Question 1

Define sovereignty:

Answer 1

Refers to absolute power. In the case of the U.K., sovereignty in legal terms is said to reside in Westminster

Question 2

Main features of the U.K. Constitution:

Answer 2

Uncodified - not contained in a single author active document

U.K. Operates according to the rule of law

Unitary - draws all power into a central source

Question 3

Sources of the U.K. Constitution:

SCREWC

Answer 3

Statue

Common law

Royal prerogative

European law

Works of authority

Conventions

Question 4

Where is sovereignty located in the UK?

Answer 4

Legal sovereignty is located in Parliament

Question 5

Strengths of the UK constitution:

Answer 5

Flexibility

Provides strong government

Cannot be ignored

Codification would undermine principle of parliamentary sovereignty

Question 6

Weaknesses of the UK constitution:

Answer 6

Too easy to change

Rights are still not adequately protected

Since most of the constitution is unwritten it is unknowable

Question 7

How has parliament lost sovereignty:

THE PREPD

Answer 7

Treaties

Human Rights Act

European Law

Pressure Groups

Referenda

Electorate

Party Government

Devolution

Question 8

Features of a codified constitution:

Answer 8

Roles of different branches and levels of government and the relations between the citizen and the state are brought together in a single document - codification implies entrenchment

Question 9

What is the constitution?

Answer 9

Set of principles, written or unwritten, that establishes the distribution of power within a political system

Question 10

Nature of the British constitution:

Answer 10

Unitary - power is the same across the country and ultimate power lies with Parliament in Westminster

Establishes political process

Limits government power

Question 11

Nature of a constitution:

Answer 11

Gives rights to the citizens

Determines nationality

Rules for amending

Question 12

Codification:

Answer 12

Process of setting out the constitution in an organised way in a single document

Question 13

Advantages of codification:

Answer 13

Make it clear

Give every citizen easy access to it

Easier to solve disputes

Gives citizens something to identify with

Question 14

Disadvantages of an uncodified constitution:

Answer 14

Many argue that because the UK constitution is uncodified it does not exist

Parts of it may be written but there is no one single document which creates confusion

Question 15

What is a two tier legal system:

Answer 15

When a country has a codified constitution there are usually two types of laws. Higher laws, which have power rights of citizens; and lower laws which apply to the administration of the state

Question 16

Arguments suggesting there is no UK constitution:

Answer 16

It is uncodified - not organised into any single document, but is scattered in many different sources and some parts are unwritten

Constitutional statutes do not have more authority than other statutes. There is no basic and higher law

Constitutional laws cannot be entrenched due to parliamentary sovereignty

Question 17

Arguments suggesting there is a UK constitution:

Answer 17

There is a general sense of a constitution

Tradition is a very powerful influence within the UK. Governments are reluctant to infringe independence of the judiciary, freedom of expression, primacy of the cabinet

There are accepted forms of constitutional rules

Public act as guardians of constitutional principles by voting out governments that have offended against these principles

Question 18

Arguments for an uncodified constitution:

Answer 18

Flexibility - UK constitution is rooted in society so it changes in order to take into account changes in society

Executive power - good to have a government that can handle issues easily

Traditional conservatism - worked first many years why change it now

Question 19

Arguments for a uncodified constitution

Answer 19

Difficulty in changing it - immensely difficult to gather constitution into one document as it stems from so many different sources

Much of the important parts of the constitution are already codified - Human Rights Act 1998

Question 20

Arguments for a codified constitution:

Answer 20

Human rights - no real safe guards for HRA as parliament is sovereign and can and does sometimes threaten to remove it

Government is too powerful

Clarity - if people knew what their rights were they would feel less voter apathy and get involved

Modernity - UK seems out of touch with the rest of the world and especially the EU

Question 21

What is a unitary constitution:

Answer 21

Unitary constitution sovereignty lies firmly in one place, parliament. And although it may devolve power it still has the power to recall this

Question 22

What is a federal constitution:

Answer 22

In a federal system sovereignty is distributed between central bodies and regional institutions. This usually happens when a number of regional bodies come together and agree to give sovereignty to the central body but still protect regional differences

Question 23

Sources of the U.K. Constitution:

Answer 23

Parliamentary statues - acts of Parliament that have effect of establishing a principle

Constitutional conventions - unwritten rule that is considered binding in political communities

Historical principles - principles that have developed over years such as sovereignty of parliament

Question 24

Sources of the U.K. Constitution:

Answer 24

Statue - laws passed by parliament

Common law - laws that have been used throughout history such as PMs prerogative powers

Royal prerogative- practices and traditions that give powers to the PM to declare war or provide titles

European law

Question 25

Main characteristics of the U.K. Constitution:

Answer 25

Uncodified

Not entrenched

Constitutional monarchy - royal prerogative

Sovereignty of parliament - parliamentary government

Party government

Unitary government

Question 26

Sovereignty in the UK:

Answer 26

Legal sovereignty - parliament is the legislature and is the only power that can pass/repeal laws

Political sovereignty - political power lies with the electorate at the time of an election, but otherwise with government

Question 27

The EU and the constitution:

Answer 27

Parliament passed the Europeans committee act in 1972 allowing Britain to join the EU

EU law is superior to British law - established in the Factortame case

British courts must implement EU law

Question 28

Where has sovereignty in the uk gone?

Answer 28

Parliament remains fully legally sovereign as all law must be passed by Parliament, and where it has devolved these powers it can take them back, with regards to the EU

Parliament has to effectively accept the result of a referendum

A lot of power has gone to government or the PM, through the prerogative powers he uses on behalf of the crown

Question 29

Attitudes towards constitutional reform from different parties:

Answer 29

Conservatives believe reform should not be a conscious policy but more natural procedure as it would disrupt political process of UK

Labour very interventionist and made active change to the Constitution under Blair

Lib Dems have been keen to see an entrenched HRA