Constitutional Fundamentals

Question 1

What three things to Constitutions typically do?

Answer 1

(1) Define a State’s fundamental political principles, key political ideas or doctrines upon which the State is based; (2) establish the framework of the Government of the State; (3) guarantee certain rights and freedoms to citizens.

Question 2

What are the three ways in which case law adds to and impacts upon the UK Constitution?

Answer 2

(1) Judicial interpretation of statute; (2) the development of the common law; (3) judicial review.

Question 3

Which cases evidence the common law establishment of the doctrine of Parliamentary supremacy (‘Enrolled Act’ rule)?

Answer 3

Pickin and Wauchope

Question 4

State actions must have legal authority

Answer 4

Entick v Carrington

Question 5

Legal disputes should be resolved by the judiciary

Answer 5

Case of Prohibitions

Question 6

Principles of habeas corpus and individual liberty

Answer 6

Belmarsh

Question 7

What is the function of the court in judicial review?

Answer 7

To review the decisions of statutory and other public bodies to see that they are lawful, rational and reached by a fair process (St Helen’s Borough Council)

Question 8

New prerogative powers cannot be created nor the scope of existing powers extended.

Answer 8

Case of Proclamations and BBC v Johns.

Question 9

Which cases evidence the courts’ approach to Constitutional Conventions?

Answer 9

Madzimbamuto and Jonathan Cape