Constitution of the UK

Question 1

Why is the executive interchangeably referred to as ‘the Crown?’

Answer 1

The activities of GOV are still carried out in the name of the monarch

Question 2

What are the remaining powers of the monarch?

Limited by constitutional convention

Answer 2

• Appointing the PM
• Dissolving PARL in some circumstances
• Giving Royal Assent to Acts of PARL

Law-making power of PARL described as being vested in the ‘King-in-Parliament’

Question 3

What is a constitution?

Answer 3

Set of rules which directly/indirectly affects distribution and exercise of sovereign power in the state

Question 4

What is the role of each organisation of the state?

Answer 4

1. Legislature - enacts, repeals, amends law
2. Executive - formulate and implement policy
3. Judiciary - enforcement of law

Question 5

Is the UK’s constitution unwritten?

Answer 5

Technically yes - but better described as uncodified

Question 6

Where do constitutional rules come from?

Answer 6

Legislation, case law, and conventions

Question 7

What makes a statute a constitutional statute?

Answer 7

One which conditions the legal relationship between citizen and state and enlarges/diminishes scope of fundamental constitutional rights

Magna Carta, Bill of Rights, HRA

Question 8

Where did the fundamental constitutional rule that the state cannot exercise power unless it is expressly authorised by law come from?

Answer 8

Case law (specifically Entick v Carrington)

Question 9

What are constitutional conventions?

Answer 9

Rules about conduct of GOV that fall short of being enforceable laws but are still agreed upon and should be respected

Policy practice, developed in evolutionary way, without clear source

E.g. King will not refuse to give Royal Assent

Question 10

What are the broad principles of constitutionalism?

Answer 10

1. GOV power should be exercised within legal limits
2. Power is dispersed between organisations of the state (and not concentrated)
3. The government is accountable to the people
4. The fundamental rights/freedoms of citizens are protected

Question 11

Is the sovereign included in PARL?

Answer 11

Yes - as ‘The Sovereign (‘King-in-Parliament)’

Two houses sit under and within the sybolic power of the King

Question 12

What are the key functions of PARL?

Answer 12

• Debate/scrutinise proposed legislation
• Propose amendments to legislation
• Hold EXEC to account
• Scrutinise expenditure/taxation

Question 13

Can HOL make decisions on public finances?

Answer 13

No - HOC alone responsible for making decisions on public finances

Changes in tax law, intro to new taxeds

Question 14

What do ‘Government defeats’ in HOL result in?

Answer 14

Amendments to legislation by GOV rather than wholesale defeat

Question 15

What is the basic structure of the executive?

Answer 15

1. Prime Minister and Cabinet (Secs of State)
2. GOV depts (politically independent civil servants)

Question 16

Where do GOV depts derive their powers from?

Answer 16

• Statute (mostly)
• Powers recognised in common law (including from royal prerogative)

Question 17

Why is the delegation of power necessary?

Answer 17

Powers granted by PARL to minister should be exercised by that minister - but size of modern GOV means administrative efficiency requires delegation

Question 18

Who is responsible when minister delegates power granted to them?

Answer 18

The minister (even though exercised by government official [civil servant] working in same dept)

Minister is politically responsible

Delegation is not unlawful

Question 19

What happens when a GOV acts in excess of powers it has through legislation/common law?

Answer 19

If a claim is started by an individual/group, the Administrative Court will intervene

Judicial review

Question 20

What is local government responsible for?

Answer 20

Implementation of central GOV policies at local level (council tax, highway maintenance, building new houses)

Also reviewable by Administrative Court

Question 21

What is the role of the judiciary?

Answer 21

• Determine outcome of legal disputes
• Decide appropriate punishments in criminal cases
• Determine whether GOV has lawfully exercised powers

Question 22

What changes did the Constitutional Reform Act 2005 bring in?

Answer 22

• Reform of office of the Lord Chancellor
• Establishment of SC as highest appeal court
• Creation of Judicial Appointments Commission (appointment of judges)

Question 23

Is there a separate and special constitutional court in the UK?

Answer 23

No - questions of constitutional law decided in the ‘ordinary’ courts i.e. Supreme Court

Question 24

Why is the SC the ‘guardian of the constitution’?

Answer 24

• Rule on validity of laws passed by devolved legislatures
• Restrict GOV to exercise of powers within PARL-set limits
• Protect fundamental rights of individuals
  *

Question 25

How do constitutional conventions arise?

Answer 25

Naturally over the course of time

Means can adapt with time as prevailing standards change/develop

Question 26

What are the functions of conventions?

Answer 26

• Underpin operation of the Cabinet (responsibility, conduct)
• Regulate relations between HOL/HOC, Exec/Mon, judiciary/orgs

Question 27

What are the conventions relating to the legislature?

Answer 27

• HOL to defer to HOC
• Salisbury-Addison convention
• Financial bills only introduced by Cabinet minister
• Sewel Convention
• HOC should be consulted before GOV embarks on major foreign policy initiatives involving armed forces

Question 28

What are the Salisbury and Sewel Conventions?

Answer 28

• Salisbury convention = HOL should not reject at 2nd reading any GOV legislation passed by HOC which carries out manifesto commitment
• Sewel convention = Westminster will not legislate re devolved matters without devolved administration’s consent

Question 29

What are the conventions relating to the EXEC?

1/2 monarch

Answer 29

• Monarch acts in accordance with advice given by Ministers
• Monarch will not exercise strict legal right to refuse royal assent
• Monarch appoints PM as leader of political party which commands confidence of HOC
• Monarch should be asked for consent re proposed legislation affecting monarchy

Question 30

What are the conventions relating to the EXEC?

2/2

Answer 30

• PM chooses cabinet ministers
• PM and Chanc of Ech should be MPs
• Vote of no confidence means GOV has to resign and general election held

Question 31

What must ministers be by convention?

Answer 31

Members of either HOC or HOL

Question 32

What is collective ministerial responsibility?

Answer 32

• Discussions between ministers (in cabinet) should remain confidential
• Ministers must stick to agreed policy line; united front (otherwise resign)

United front means PARL has confidence in GOV

Will pass vote of no confidence if lack of CMR

Question 33

What is individual ministerial responsibility?

Answer 33

Minister ought to resign if there has been significant policy failing

Subject to considerations

Question 34

What are the considerations re individual ministerial responsibility?

Answer 34

• Degree to which minister was personally aware of/involved in/responsible for failing
• Whether failing was operational (fault of GOV official) or policy (fault of minister)

Question 35

What is the Ministerial Code?

Answer 35

Written document codifying certain standards of conduct of ministers

Not enforceable but is soft law

Question 36

What are the conventions relating to the judiciary?

Answer 36

• Judges must not be politically active
• Parliament must not criticise professional conduct of judges

Question 37

Are conventions recognised in law?

Answer 37

No - but courts will recognise and protect conventions where appropriate

Law prevails over conflict with convention