functions and nature of the constitution

Question 1

what are the 7 functions of the constitution

Answer 1

1) to DISTRIBUTE POWER
2) LIMIT GOV. POWER
3) define the AREA GOVERNED by the constitution
4) to ESTABLISH RELATIONSHIPS between institutions —> NATO, UN
5) establish RIGHTS OF CITIZENS
6) to define the NATURE OF CITIZENSHIP
7) to show how and when the constitution can be AMENDED

Question 2

what are 3 factors of the UKs constitution

Answer 2

• uncodified
• not entrenched = easy to change by a simple vote in parliament (often through referendums) unlike in America which requires 2/3 of Congress and 3/4 of the states to approve it
• unitary = sovereignty in Westminster

Question 3

what are the two pillars of the UK constitution

Answer 3

• parliamentary sovereignty
• rule of law

Question 4

what is the rule of law about

Answer 4

• everyone is equal under the law
• everyone is bound by the law

Question 5

what are the 3 elements of parliamentary sovereignty

Answer 5

• no parliament can BIND its succesor or be BOUND BY its predecessor
• no laws passed by parliament can be STRUCK DOWN by any other institution
  —> HoL doesn’t have the mandate from the people so shouldnt strike down laws being passed by the governing party that were in their manifesto —> convention
• parliament can MAKE LAWS ON ANYTHING it chooses

Question 6

what are the 4 types of soverignty

Answer 6

• legal
• political
• popular
• pooled

Question 7

what is legal soverignty + example

Answer 7

• ultimate + supreme legal authority lies in parliament
• parliament can suspend or modify parts of the HRA, the Tories have in their manifesto repeatedly said they will replace the HRA with the bill of rights

Question 8

what is political soverignty + example

Answer 8

• ability to exercise legal powers
• parliament may wish to abolish HRA

Question 9

what is pooled soverignty + example

Answer 9

• parliament may choose to share its authority with others —> EU, UN, NATO
• when the UK was a member of the EU, parliament shared powers over certain issues with them

Question 11

what is popular soverignty + example

Answer 11

• the will of the people must be listened to to maintain democracy
• despite a large majority of MPs opposing Brexit, it happened anyways due to 51% of voters wanting to leave the EU

Question 12

What is a unitary constitution

Answer 12

• when political power is centralised in one single place and all other political bodies are inferior
• UK = was a unitary system

Question 13

what is federalism

Answer 13

• when legal power is divided between central and regional bodies
• America and Germany

Question 14

what is quasi federalism

Answer 14

• where it is unlikely or difficult for power to be returned to central government
• present in the UK due to devolution