EXTRA-Characteristics of British Constitution

Question 1

What is a codified constitution?

Answer 1

this is where all the main provisions are brought together in a single document

Question 2

What is an uncodified constitution?

Answer 2

This is where many of the constitutional roles are written down but have not been gathered together

Question 3

Which 2countries are examples of a flexible constitution?

Answer 3

Uk and New Zealand

Question 4

What is a rigid constitution?

Answer 4

this is where the principles and institutions assume the character of fundamental law. The procedure for amendment is therefore deliberately made difficult so that no change can be made without due consideration and discussion

Question 5

Where are unitary systems found?

Answer 5

they are to be found in countries ranging from Britain to Israel, from France to Ireland. They are especially suitable in smaller countries and in those where there are no significant ethnic, linguistic or religious differences.

Question 6

Where is power concentrated in a unitary system?

Answer 6

Power is concentrated in the hands of central government

Question 7

Where is power concentrated in a federal state?

Answer 7

In a federal system there is a division between a federal government and various regional units, the powers are clearly defined in a written constitution

Question 8

What are the 3 ways to distinguish constitutions?

Answer 8

a)some are monarchical
b)some are presidential or parliamentary
c)some are based on the sovereignty of parliament or the sovereignty of people

Question 9

What is an example of how the two branches of government in the US function independently?

Answer 9

the president is elected separately from Congress

Question 10

What is an examples of a constitution based on the sovereignty of the people?

Answer 10

the US, which refers to government ‘of the poeple’

Question 11

Where can Britain’s constitution be traced back to?

Answer 11

the Norman Conquest 1066

Question 12

Why is the British constitution so unsystematic?

Answer 12

because of its ancient origins

Question 13

What are the 3 characteristics of a British constitution?

Answer 13

1)unmodified
2)unitary
3)flexible

Question 14

In what way is the British constitution uncodified?

Answer 14

there is no single document in which most of the rules concerning the government of the country are brought together

Question 15

In what way is the British constitution unitary rather than federal?

Answer 15

Parliament at Westminster makes laws for all parts of the UK. Parts of the Uk may have powers devolved to them, nonetheless all parts of the UK are subject to the legislative supremacy of parliament

Question 16

In what way is the British constitution flexible?

Answer 16

The constitution can be amended easily, Even drastic changes can be made by passing an Act of Parliament; though there is a developing custom that fundamental changes would probably require a referendum if they have not already been submitted to the electorate in a general election

Question 17

What are the 3 main constitutional principles?

Answer 17

1)The sovereignty of parliament
2)The rule of law
3)The fusion of powers

Question 18

What is the sovereignty of parliament?

Answer 18

the idea that parliament theoretically possesses and exercises unlimited authority. Seen as the key element of the British constitution

Question 19

Which constitutional expert proclaimed that parliament has legal sovereignty in that it is the supreme law making body in Great Britain?

Answer 19

AV Dicey

Question 20

What is the constitution principle of the rule of law?

Answer 20

the principle that no one is above the law, that ministers, public authorities and individuals are subject to it.

Question 21

Who mostly articulated the doctrine of the rule of law in the late 19th century?

Answer 21

A.V Dicey

Question 22

What was A.V Dicey’s 3 ideas of the concept of the rule of law?

Answer 22

a)Equality before the law
b)The belief that no one person should be punished except for a breach of the law
c)The laws of the constitution derive from judicial decisions based on common law.

Question 23

What did A.V Dicey mean by equality before the law?

Answer 23

that people of any class, gender or race are universally subject to one law administered by the courts whether they are ordinary citizens or servants of the state

Question 24

What did A.V Dicey mean by the belief that no person should be punished except for a breach of the law?

Answer 24

that just as no person should en viewed as ‘above the law’, laws are clearly published and accessible so that everyone is capable of knowing what they are

Question 25

What did A.V Dicey mean by the belief that laws of the constitution, especially essential liberties derive from judicial decision based on common law?

Answer 25

That unlike rules set out in a written constitution, they cannot be removed.

Question 26

Who said that the key to the success of our constitutional system law in this fusion of power?

Answer 26

Walter Bagehot

Question 27

what did Walter Bagehot say about the fusion of powers?

Answer 27

That this was the key to the success of our constitutional system