Constitutional Fundamentals and Sources of the Constitution

Question 1

Core constitutional principles

Answer 1

(a) the rule of law;
(b) the separation of powers; and
(c) the sovereignty (or supremacy) of Parliament.

Question 2

Sources of the UK constitution

Answer 2

(a) Acts of Parliament;
(b) case law;
(c) the royal prerogative; and
(d) constitutional conventions.

Question 3

Important constitutional conventions

Answer 3

(a) The Monarch plays no active role in matters of government, and the legal powers that are
vested in the Monarch are exercised on her behalf by the elected government of the day.

(b) The Monarch, acting on the advice of the Prime Minister, will not refuse Royal Assent to a
bill that has been passed by the House of Commons and the House of Lords.

(c) The Monarch will appoint as Prime Minister the person who is best able to command the
confidence of the House of Commons.

(d) All government ministers will be members either of the House of Commons or of the House of Lords, and the Prime Minister (and most other senior government ministers)
should be a member of the democratically elected House of Commons.

(e) Individual ministerial responsibility. Government ministers are responsible to Parliament
both for the running and proper administration of their respective departments, and also
for their personal conduct. There must be no conflict of interest.

(f) Collective cabinet (or ministerial) responsibility.
(i) The cabinet is collectively responsible to Parliament for the actions of the Government
as a whole.
(ii) The cabinet must be united in public in support of government policy, and so a
cabinet minister must resign if he or she wishes to speak out in public against such
policy.
(iii) Cabinet discussions must remain secret.

(g) The unelected House of Lords will not reject legislation that gives effect to an important
manifesto commitment of the democratically elected Government (the ‘Salisbury
Convention’).

(h) The UK Parliament will normally only legislate on a matter that has been devolved if the Scottish Parliament has given its consent (the ‘Sewel
Convention’).

(i) Members of the judiciary do not play an active part in political life.

(j) Ministers and Members of Parliament do not criticise in public individual members of the judiciary.

Question 4

Sources of the UK constitution - The royal prerogative

Answer 4

Leftover arbitrary powers.

• Foreign affairs: signing treaties, declaring war etc.
• Domestic affairs: summoning Parliament, dissolving parliament (for an election), the appointment of PM/ministers etc.

By convention, most of these powers are by convention exercised by the Prime Minister and other government
ministers.