constitution and conventions

Question 1

how has the uk constitution evolved?

Answer 1

from centuries of political change without special procedure

Question 2

is the uk constitution entrenched or codified?

Answer 2

no

Question 3

what are the functions of the state

Answer 3

the legislature - enacts new law, repeals or amends new law
the executive - bodies which formulate ad implement policy within the law
the judiciary - body of judges

Question 4

what do constitutional rules come from - with case examples

Answer 4

legislation - thoburn v sunderland city council
case law - entrick v carrington
conventions

Question 5

what is the purpose of constitutional conventions

Answer 5

to promote constitutional standards or rules which may not be written or codified

Question 6

what conventions relate to each function of the state?

Answer 6

legislature - HOL must defer to the HOC
executive - monarch follows the advice of his ministers
judiciary - judges must not be politically active

Question 7

what does the cabinet manual say about CCs

Answer 7

set of rules which are regarded as binding in operation but not in law
sets out how the executive should operate

Question 8

why are conventions useful

Answer 8

flexible way of filling in gaps and developing constitutional rules informally

Question 9

what does the uk constitution say about P

Answer 9

P is the supreme legislative body, they can make or unmake any law

Question 10

difference between HOC and HOL

Answer 10

HOC = elected HOL = peerage (appointed or inherited)

Question 11

2 types of parliamentary committees

Answer 11

select - permanent, investigate work of individual gov departments
pubic bill - appointed to debate and amend proposals for new leg

Question 12

what did the CRA 2005 do

Answer 12

HOL judicial function was separated from P
marked the end of dual roles for lord chancellors

Question 13

what is the power of state

Answer 13

3 parts of gov
1. executive
2. legislature
3. judiciary

Question 14

who leads the sections of P

Answer 14

senior politician / SOS
ministers within each department

Question 15

basic structure of the executive

Answer 15

monarch
PM and cabinet
gov departments

Question 16

what is each gov department for

Answer 16

cabinet office - national emergencies and constitutional reform
foreign office
home office - security and policing
ministry of justice - courts, tribunals, prisons, probations
treasury - economic policy, public spending

Question 17

where are the powers of gov derived from

Answer 17

statute or common law

Question 18

what is the constitutional role of the judiciary

Answer 18

interpret the will of P expressed in leg, interpret and apply case law

Question 19

who is the head of the judiciary and since when

Answer 19

lord cheif justice since CRA 2005

Question 20

2 key constitutional rules for judiciary

Answer 20

complete impartiality
administration of justice in accordance with the law

Question 21

what is the concept of justiciability

Answer 21

relates to the self-limiting acknowledgment by the judiciary that purely political matters may be beyond their jurisdiction

Question 22

key changes from the CRA 2005

Answer 22

established a SC
reformed the office of the lord chancellor
created judicial appointments commission

Question 23

3 devolved administrations

Answer 23

wales
NI
scotland

Question 24

what are reserved matters

Answer 24

areas of gov over which decisions are still taken by P in Westminster despite taking effect in devolved administrations

Question 25

what is devolution

Answer 25

grant by the uk P of legislative powers to the devolved legislatures and administrations

Question 26

what are devolved matters

Answer 26

areas of gov where decision making has been delegated to devolved administrations

Question 27

how has the monarchy evolved

Answer 27

from an absolute monarchy to a constitutional monarch

Question 28

what is the royal prerogative

Answer 28

powers given to the monarch which have been in place since the absolute monarchy

Question 29

powers which are exercised by the M on advice from the PM

Answer 29

summoning or proroguing P
appoint or dismiss ministers
mobilise the armed forces
declaration of war
negotiating treaties

Question 30

miller v the PM

Answer 30

queen prorogued for 5 weeks on PMs advice
SC found this unlawful - effected democracy.
illustrated the monarch acts on advice from the PM, but is still challengeable in court

Question 31

carltona principle

Answer 31

actions of gov departments are synonymous with the actions of the minister in charge

Question 32

what is the local gov responsible for

Answer 32

implementation of central gov policies across the local level
e.g. collection of council tax