Constitutions

Question 1

What are constitutions?

Answer 1

• The fundamental rights and values of a government
• Legal and non-legal rules that compose the system of government
• Map the distribution of powers

Question 2

Do constitutions work?

Answer 2

✅ Statements of a country’s identity and agenda
❎ May violate principle of legality as rules not clear
❎ Can’t hold government to constitution so potential for unlimited power

Question 3

Why is the UK constitution uncodified?

Answer 3

• It functions reasonably well
• Not clear which elements are constitutional
• Government doesn’t want to limit it’s own power

Question 4

Alder - ‘An untidy mix of…’

Answer 4

‘Different laws, practices and customs’

Question 5

Name four sources of a constitution

Answer 5

Common law
Ⓜ️ Royal prerogative
Acts of Parliament
Constitutional conventions

Question 6

Barendt - ‘Written document that…’

Answer 6

‘Delineates the powers of government institutions’

Question 7

What is constitutionalism?

Answer 7

The concept of a limited government under a higher law

Question 8

Political constitutions -

Answer 8

Disputes between government officials often solved politically e.g. debates.
The effectiveness of this is disputed

Question 9

Legal constitutions -

Answer 9

Increasing role of courts as more judicial activism, simplified JR, impact of EU laws, Human Rights Act