introduction

Question 1

What is constitutional law?

Answer 1

Constitutional law governs the fundamental principles of state operations, distributing powers among branches of government and safeguarding citizens’ rights.

Question 2

What are the key elements of constitutional law?

Answer 2

The key elements include the organization of the state (legislature, executive, and judiciary), citizens’ rights, and limits on government authority.

Question 3

What is a written constitution?

Answer 3

A written constitution is a formal, codified document that outlines a state’s legal framework, such as the U.S. and German constitutions.

Question 4

What are the features of a written constitution?

Answer 4

Features include a clear structure of government, a bill of rights to protect liberties, and a formal amendment process.

Question 5

Can you give an example of a country with a written constitution?

Answer 5

The United States, with its Constitution that includes amendments like the First Amendment, is an example.

Question 6

What is an unwritten constitution?

Answer 6

An unwritten constitution is derived from various sources rather than a single document, as seen in the UK Constitution.

Question 7

What are the sources of an unwritten constitution?

Answer 7

Sources include statutes, common law, constitutional conventions, and authoritative texts.

Question 8

What is parliamentary sovereignty?

Answer 8

Parliamentary sovereignty is the principle that Parliament is the supreme legal authority in the UK, capable of making, amending, or repealing laws.

Question 9

Can courts overrule Acts of Parliament in the UK?

Answer 9

No, courts cannot overrule Acts of Parliament, although judicial review can issue declarations of incompatibility.

Question 10

What case affirmed parliamentary sovereignty in the UK?

Answer 10

R (Jackson) v Attorney General (2005) is a key case affirming parliamentary sovereignty.

Question 11

What is the doctrine of separation of powers (SOP)?

Answer 11

Separation of powers is the doctrine that governmental powers are divided among legislative, executive, and judicial branches to prevent abuse of power.

Question 12

What are the three branches of government in the separation of powers?

Answer 12

The three branches are the legislature (makes laws), executive (executes laws), and judiciary (interprets laws).

Question 13

Does the UK have a strict separation of powers?

Answer 13

No, the UK has a fusion of powers, particularly between the executive and legislature.

Question 14

What is a constitutional monarchy?

Answer 14

A constitutional monarchy is a system where the monarch holds symbolic power while elected officials exercise actual political authority.

Question 15

What role does the monarch play in the UK’s political system?

Answer 15

The monarch grants royal assent to laws, which is a formality, and follows conventions such as appointing the Prime Minister.

Question 16

What are the legal sources of the UK Constitution?

Answer 16

Legal sources include statutes, case law, constitutional conventions, and authoritative texts.

Question 17

What are some key historical statutes that contribute to the UK Constitution?

Answer 17

Key statutes include Magna Carta (1215), the Bill of Rights (1689), and the Human Rights Act (1998).

Question 18

What case established that the monarch cannot legislate without Parliament?

Answer 18

The Case of Proclamations (1611) established that the monarch cannot legislate without Parliament.

Question 19

What case protected property rights under the UK Constitution?

Answer 19

Entick v Carrington (1765) protected property rights from unlawful government intrusion.

Question 20

What are constitutional conventions?

Answer 20

Constitutional conventions are unwritten rules followed out of respect for the system, such as the Sewel Convention.

Question 20

What is an example of a constitutional convention in the UK?

Answer 20

One example is the Sewel Convention, which stipulates that the UK Parliament will not normally legislate on devolved matters without consent.

Question 21

Constitution?

Answer 21

Authoritative texts are writings by scholars like A.V. Dicey that provide interpretations of constitutional principles like the rule of law and parliamentary sovereignty.

Question 22

What is devolution in the UK?

Answer 22

Devolution is the transfer of legislative powers from the UK Parliament to regional governments such as the Scottish Parliament and Welsh Assembly.

Question 23

What laws established devolved governments in Scotland, Wales, and Northern Ireland?

Answer 23

The Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 established devolved governments.

Question 24

What is judicial review?

Answer 24

Judicial review is the process by which courts review the actions of public bodies to ensure legality and compliance with individual rights.

Question 25

What was the significance of R (Miller) v Secretary of State for Exiting the EU?

Answer 25

It defined Parliament’s role in Brexit, ruling that the government could not trigger Article 50 without parliamentary approval.

Question 26

What was the outcome of the Factortame (1990) case?

Answer 26

The Factortame case asserted that EU law had supremacy over UK law before Brexit.

Question 27

What are some arguments for a codified constitution in the UK?

Answer 27

Arguments include greater clarity for citizens, providing a check on parliamentary powers, and strengthening judicial protection of rights.