Definitions and Key Concepts

Question 1

What is a constitution?

Answer 1

A constitution is a set of rules that;
Seek to establish the duties, powers and functions of the various institutions of government
Regulate the relationship between and among the institutions
Define the relationship between the state and the individual; i.e. define the extent of civil liberty

Question 2

Why does the UK need a constitution?

There are 11 key reasons.

Answer 2

Protect the rights and civil liberties of the population
Set up institutions to interpret the laws and punish those who do not follow them
The government has to follow rules too, to make sure it is not abusing its power
Set up institutions to enforce (make sure everyone follows) the laws
State the functions and powers of departments or parts of government – what they can and can’t do
People to make decisions
How government is appointed or selected e.g. elections
To make sure the government provides certain things for the people – defence, welfare etc.
State how parts of the government work should together
State the roles and duties of those in government – what they can and can’t do
Set up institutions that pass laws (legislature)

Question 3

What is the most important reason why the UK needs a constitution?

Answer 3

A constitution is the solution to the problem of power. (Power tends to corrupt, so we need to be protected from those in power).

Without a constitution the government could simply do whatever it wants – oppressing minorities, violating freedom, tyrannising the mass of the people.

Question 4

What is limited government?

Answer 4

A form of government in which government power is subject to limitations and checks, providing protection for the individual; the opposite of arbitrary government.

Question 5

How has the UK constitution evolved?

There are 6 key events (including dates!).

Answer 5

1066 - Britain ruled by monarch who can overrule parliamentary decisions

1688 - Glorious Revolution - Bill of rights, parliamentary protection against royal absolutism

1800 - Constitutional Monarchy established, monarch’s business now carried out by the cabinet

1832 - Great Reform Act, extends the franchise to new middle class

1867 - Electoral Reform Act extended franchise to some male workers

1928 - Equal Franchise Act, extended franchise to women

Question 6

Describe a parliamentary constitution.

Answer 6

No separation of powers as leader is accountable to legislature (e.g. Executive chosen from Parliament in UK)

Question 7

Describe a codified/written constitution.

Answer 7

All the main sources of the constitution are in one document. (e.g. USA from 1787).

Question 8

Describe a rigid constitution.

Answer 8

Constitution becomes law. Difficult to bring changes without extensive discussion. (e.g. USA)

Question 9

Describe an uncodified and unwritten constitution.

Answer 9

Many of the constitutional rules are written down but they are not gathered together. Also, rules are found in convention and tradition. (e.g. UK/Israel/New Zealand)

Question 10

Describe a federal constitution.

Answer 10

Division of power with regional units (e.g. US division between central govt and states/Germany/Belgium)

Question 11

Describe a republican constitution.

Answer 11

Head of state is elected.

Question 12

Describe a unitary constitution.

Answer 12

Power in hands of a central government where little regional differences. (e.g. UK)

Question 13

Describe a flexible constitution.

Answer 13

Can be altered by the law making process (e.g. Parliament in the UK)

Question 14

Describe a monarchical constitution.

Answer 14

Power in hands of monarch

Question 15

Describe a presidential constitution.

Answer 15

President has power independent/separate from Congress (e.g. US)

Question 16

Describe a constitution based on the sovereignty of parliament.

Answer 16

Parliament possesses supreme power. Can make or unmake any law of its choosing (e.g. UK)

Question 17

Describe a constitution based on the sovereignty of the people.

Answer 17

Power supposedly in the power of the people. (e.g. US – Constitution opens with ‘We the people of the US’.

Question 18

What are the 5 main features of the UK constitution?

Answer 18

Parliamentary sovereignty
Uncodified
Unitary
Fusion of powers
Flexible

PUFF

Question 19

Explain how the UK constitution is based on “parliamentary sovereignty”.

Answer 19

Sovereignty means supreme, unrestricted power.

In this case, the absolute and unlimited authority of Parliament which can in theory make, repeal or amend any law.

Question 20

Explain how the UK constitution is “uncodified”.

Answer 20

This type of constitution is not confined to one single document.
Much of it may be written down, but in a variety of documents.
This is known as an uncodified constitution or an unwritten constitution.

Question 21

Explain how the UK constitution is “unitary”.

Answer 21

In this type of constitution and system of government, ultimate power lies with a central body which I sovereign. Theoretically, in Britain, it is parliament that is sovereign. It has the legal authority to make and repeal laws, to delegate powers to local or regional authorities.
The opposite is a federal constitution, where legal sovereignty is shared between government at the centre and the constituent ‘states’ e.g. USA.

Question 22

Explain how the UK constitution has a “fusion of powers”.

Answer 22

This is where the executive branch and legislative branch of government intermingle.
E.g. Theresa May is both a member of the legislative branch (MP for Maidenhead) and the executive branch (Prime Minister)

Question 23

Explain how the UK constitution is “flexible”.

Answer 23

This is where the executive branch and legislative branch of government intermingle.
E.g. Theresa May is both a member of the legislative branch (MP for Maidenhead) and the executive branch (Prime Minister)

Question 24

Summarise the key points of the UK constitution.

Answer 24

An authorative set of laws, rules and practices specifying how a state is to be governed and the relationship between the state and the individual.
Establishes political principles, structure, procedures, powers and duties of a government.
Set out division of governmental activities and who will perform each task.
Decides how powerful different parts of the government will interact and work together.
Sets out the limitations of the power of rulers and guarantees the rights of the ruled.
Provides legitimacy to those in power, encourage governmental stability through clear rules and set out goals and values of a state.