Constitutional fundamentals

Question 1

Is the UK’s constitution written or unwritten?

Answer 1

Unwritten

Question 2

Republican vs monarchial constitution?

Which does the UK have?

Answer 2

Republican has an elected president as head of state

Monarchical has an unelected monarch as head of state

Question 3

Federal vs unitary?

Which does the UK have?

Answer 3

Federal constitutions have a division of power between central government and regional government.

Unitary has a single sovereign legislative body.

The UK is unitary.

Question 4

Rigid vs flexible?

Which does the UK have?

Answer 4

Rigid constitutions are ‘entrenched’ and may only be changed by special procedures. Flexible constitutions are easy to change as no special procedures are necessary.

The UK is flexible.

Question 5

Formal vs informal separation of powers?

Which does the UK have?

Answer 5

Formal separation of powers has a clear separation of functions and personnel between the executive, legislative and judicial branches of state. Informal separation of powers has a significant degree of overlap.

The UK has a largely informal separation of powers.

Question 6

What are the core constitutional principles that underpin the UK’s constitution?

Answer 6

Rule of law
Separation of powers
Parliamentary sovereignty

Question 7

What are the sources of the UK constitution?

Answer 7

Acts of Parliament
Case law
Royal prerogative
Constitutional conventions

Question 8

What is a constitutional convention?

Answer 8

A non-legal source of the convention which contain rules of constitutional behaviour which is considered to be binding.

Question 9

What is the Salisbury Convention?

Answer 9

The HOL will not reject legislation that gives effect to an important manifesto commitment of the democratically elected government.

Question 10

What is the Ministerial Code?

Answer 10

The main laws, rules and regulations that affect the conduct and operation of government.

It does not have a legal effect.

Question 11

What is Individual Ministerial Responsibility?

Answer 11

Government ministers are responsible to Parliament for the proper administration of their department and their own personal conduct.

Grave errors mean a minister should resign, but this is unenforceable.

Question 12

What is Collective Ministerial Responsibility?

Answer 12

Government Ministers should remain united on government policy.

Question 13

What is the principle of sub-justice?

Answer 13

A formal law of Parliament designed to prevent members of the executive and legislative from commenting on court proceedings.

Question 14

What is the royal prerogative?

Answer 14

Powers that may be used to describe non-statutory powers held by the monarch or by government ministers.

Question 15

What prevails over the royal prerogative over statute?

Answer 15

Statute

Question 16

What if a minister exercises prerogative power that is inconsistent with statute?

Answer 16

It is an abuse of prerogative power due to the fact it is inconsistent with statute due to Parliamentary Sovereignty.

Question 17

What legal protections are available to MPs under parliamentary privilege both in and out of Parliament?

Answer 17

An MP is protected from legal action for the statements made in Parliament, but not those for those outside (e.g. at a party).

Question 18

What is a statutory instrument?

Answer 18

Delegated legislation made by Government Ministers and by-laws created by a local authority.

Question 19

How can statutory instruments be passed?

Answer 19

Negative resolution procedure
Affirmative resolution procedure

Question 20

What is an affirmative resolution procedure?

Answer 20

Statutory instruments require the express approval by resolutions of both Houses of Parliament.

Question 21

What is a negative resolution procedure?

Answer 21

Instruments become law unless there is an objection from either House.

Question 22

What procedure is used to pass the majority of instruments?

Answer 22

Negative resolution procedure.