constitution- paper 2

Question 1

what is a constitution?

Answer 1

a set of laws establishing how a political system will function.

Question 2

Stages of the development of the UK constitution

Answer 2

-Magna Carta
-Bill of Rights
-Parliament Acts
-European communities act

Question 3

Magna carta

Answer 3

-1215
-before the Magna carter all political power lied with the monarch
-Magna carta limited power of the king and introduced new laws eg. right to a trial by jury

Question 4

Bill of Rights

Answer 4

-1689
-Further restrictions on the monarchs power
-eg the king would rule along a permanent parliament, parliament would be a result of elections

Question 5

Parliament Acts

Answer 5

-1911 and 1949
-reduced powers of the HOL
1911: veto power replaced with two year delaying power
1949: 2 year delay reduced to 1 year

Question 6

European Communities Act

Answer 6

-1972
-EU= trad3 area
-EU laws binding on all members
-UK parliament no longer had sovereignty

Question 7

two types of constitution

Answer 7

-codified
-uncodified

Question 8

uncodified constitution characteristics

Answer 8

Flexible: any part can be changed easily

unentrenched: no different from statute laws, parliament can change the constitution as its sovereign

Non Judiciable: judges cannot challenge parliaments ability to make or change statute law

Question 9

codified constitution characteristics

Answer 9

Rigid: Difficult to change, supermajority required

Entrenched: difficult to amend, constitution stands above the law

Judiciable: a court can decide if gov actions are “constitutional”

Question 10

Sources of the uk constitution

Answer 10

-Statute law
-common law
-works of authority
-conventions

Question 11

Statute law

Answer 11

-laws passed by parliament
-statute laws are sovereign
-eg 2015 recall of MPs act, MPs can be recalled after certain circumstances

Question 12

Common Law

Answer 12

• laws developed by judges through decisions in individual court cases, rather than by statues
  -fills gaps where statute doesn’t exist, providing legal principles to guide courts
  -eg. Presumption of innocence

Question 13

Works of authority

Answer 13

• books that have been written to explain the constitution and its content
  -eg parliamentary practice by May, frequently quoted in the HOC
  -lack legal standing but are treated with respect

Question 14

conventions

Answer 14

-not laws but traditions developed through generations
-eg the Salisbury convention, HOL cannot obstruct legislation that was in the governing parties manifesto

Question 15

constitutional reform that enhanced democracy

Answer 15

HOL act 1999: removed 92 hereditary peers from the HOLs

Question 16

constitutional reform that decentralised power

Answer 16

-devolves powers and assemblies were established is Scotland, Wales, London and Northern Ireland
-eg. the Scotland act 1998, significant powers transferred from Westminster to new Scottish parliament

Question 17

Constitutional reform that enhanced rights

Answer 17

Human Rights Act (1998) : enshrined the ECHR into UK law.
Freedom of Information Act (2000) : Anyone can access files from any gov body unless it threatens national security, making gov seem more transparent

Question 18

Points FOR a constitution

Answer 18

Clarity:
clearly defines the structure of government and powers of institutions, providing consistency

Protection of rights:
ensures rights and and freedoms can not be overridden by the government

Limitation of Government Power:
establishes checks, preventing any one branch from becoming too powerful

Question 19

Points AGAINST a codified constitution

Answer 19

-UK constitution provides effective politics
-gov power is already limited by elections
-difficult to write