Constitutionnnn

Question 1

Functions of the constitution

Answer 1

Rules on how to amend constitution

Assert rights of citizens

Limits on government power

Balance of power between the two chambers

How laws are made

Question 2

Two features of the constitutikn

Answer 2

Uncondified

Not entrenched - no restrictions on how parliament can amend the constitution

Question 3

Statutes that can amend the constitution

Answer 3

Feature

Any laws passed in parliament that affect how the country is run

Constitutional reform act 2005 established a new judicial body, the Supreme Court and human rights act 1998 forced all public bodies to abide by the echr

Question 4

Conventions

Answer 4

Feature

Unwritten practices and rules that develop over time and these unwritten rules are adhered to by everyone in the politics system.

House of Lords should not obstruct any proposals contained in the governments most recent manifesto - Salisbury convention

Question 5

Referendums that confirm amendments to the constitution

Answer 5

Brexit 2016

Question 6

Royal prerogative

I

Answer 6

Feature

The body of powers and privileges that are recognised in common law as belonging to the crown

Ministers exercise these peers more than the monarch

Question 7

Parliamentary sovereignty

Answer 7

Feature
Parliament can amend the constitution by a simple passage of statute

The constitution is not bound by past governments and doesn’t bind future governments

Parliament can dismiss a government by forcing an election through a vote of no confidence - 1979 - Callaghan labour govt

Question 8

Statute law

Answer 8

Source of the constitution

Formal or written law which always prevails over all another laws

Hra

Freedom of information act 2000

Question 9

Common law

Answer 9

Source
Body of laws based on tradition, custom and precedent

The royal prerogative being exercised by pm

Individual rights over than those covered in echr being guaranteed by common law

Question 10

Authoritative works

Answer 10

Source

Established practical and legal tests that are accepted as works of authority on uk constitution

Gus o donnell rules 2010 staying how government should be formed if there is a hun parliament

Question 11

Traditions

Answer 11

Source

Historic practices of limited importance

The queens speech which traditionally introduced the govts annual legislative programme

Question 12

Conventions

Answer 12

Source

Rules or norms that are considered to be binding

Salisbury convention

Question 13

Features of a codified constitution

Answer 13

Document itself is authoritative - article vi of us constitution restricts all laws to the us constituion

The provisions of the constitution are entrenched - us constituion can only be changed by supermajority

All political bodies are subject to the authority of the constitution - the patriot act put forward by George bush was seen as unconstitutional

Question 14

Features of an uncodified constitution

Answer 14

Not authoritative - the uk mainly works on the basis of convention, after the hung parliament in 2010 general election brown stayed pm until a deal could be reached

Not entrenched. - signing of Lisbon treaty can be changed through parliament

Judges do not have a legal standard to declare things unconstitutional - statute law can never be ruled unconstitutional

Question 15

Strengths of uk constitution

Answer 15

Flexible - not entrenched so statute law is much easier to enforce through parliament - the introduction of devolution was a response to rising nationalism in Scotland and Wales

Leads to responsible and democratic government- changes to the constitution often come about because of democratic pressure - social and economic changes in the nineteenth century led to the extension of the franchise (right to vote for women)

Strong and effective govt- allows govt to act quickly and decisively - anti-terrorism legislation was passed quickly in 2005 after the 7/7 bombings in London

History and tradition- tested by time - uk constitution have existed for a long period and proved successful lthrough evolutiob

Question 16

Weaknesses of the uk constitution

Answer 16

Elective dictatorship - changes can be made without consensus - Cameron’s privatisation of the nhs, thatcher programme of privatisation

Weak protection of rights - pm can use the royal prerogative to go to war without the consent of parliament - Iraq war

Uncertainty- confusion around constitutional laws - how serious does a mistake have to be for a minister to resign?

Centralisation - over centralised system wth weak and ineffective checks and balances - anti terrorism legislation of 2001 have been used to increase pre-charge detention

Question 17

Ways parliament is sovereign

Answer 17

Legally it is the source of all political power - it may make any law it wishes

Not bound by its predecessors

Question 18

Ways parliament isn’t sovereign

Answer 18

The uk govt usually us a majority within the hoc - former labour majority government had a large majority and under Blair only lost one vote in ten years

How cannot completely block a proposed law - they can only delay it for up to a year allowing the government to force it through if required - fox hunting bill 2004

Outside influences - human rights act and eu

Question 19

Devolution for Scotland wales and Northern Ireland

Answer 19

Post 1997 labour reform

Successful

Question 20

Freedom of information act

Answer 20

2000

Successful

Question 21

Reform of the hol

Answer 21

Limited reform passed in 1999 when all but 92 hereditary peers lost their voting right

2000 - appointment commission set up

2005 constitutional reform act - set up Supreme Court removing law lords from the hol

Question 22

Reform of the judiciary

Answer 22

2005 constitutional reform act - creation of Supreme Court replaces system where the highest court of appeal was made up of 12 judges from the hol