introduction to The Constitutuion

Question 1

what’s a constitution?

Answer 1

set of basic laws for country describing rights & duties of citizens on how its governed

Question 2

constitution is a collection of rules for governing of a country which;

Answer 2

1. define organs of state (main institution)
2. regulate relationship between organs
3. regulate relationship between state & individual

Question 3

constitution that’s written will;

Answer 3

1. create & establish government
2. be superior to other forms of law
3. courts have power to declare ordinary law unconstitutional

Question 4

what’s public law?

Answer 4

relationship between individual & state

Question 5

sovereignty means?

Answer 5

who/what has supreme legal authority in a state

Question 6

advantage of UK’s unwritten (uncodified) constitution

Answer 6

1. not entrenched (easy to amend)
2. flexible + adaptable to changing circumstances
3. can evolve gradually, reflect changing norms + attitude

Question 7

disadvantage of UK’s unwritten (uncodified) constitutions

Answer 7

1. too much power given to parliament
2. law can’t be struck by court as ‘unconstitutional’
3. lack of legal checks + balance on those holding power
4. rights aren’t entrenched

Question 8

sources of UK constitution (legal & non-legal sources)

Answer 8

1. legal rules
   - statute
   - case law
   - prerogative
2. non legal rules
   - convention
3. principles
   - parliamentary sovereignty
   - separation of powers
   - rule of law

Question 9

legal sources

Answer 9

1. acts of parliament
2. magna carta 1215
3. bill of right 1688-89
4. congreve v home office [1976] 1 all ER 697 89
5. act of union with Scotland
6. european communities act 1972 (ECA)
7. eu (withdrawl) act 2018
8. parliament acts of 1911&1949
9. scotland act 1998
10. human rights act 1998
11. common law
12. british constitution (royal prerogative)

Question 10

acts of parliament

Answer 10

a statute= bill passed by parliament

Question 11

Magna Carta 1215

Answer 11

• king John abused power
• established principle that everyone is subject to the law
• guarantees the rights of individuals, the right to justice and the right to a fair trial

Question 12

bill of right 1688-89

Answer 12

• limited monarch power
• free speech in parliament
• no tax without parliament

Question 13

congreve v home office [1976] 1 all ER 697 89

Answer 13

fact: H.O demands extra payment from those who bought new TV license before old ran out to avoid price increase
held: H.O had no power to revoke TV license or demand extra payment

Question 14

act of union with Scotland

Answer 14

• England & Scotland used to have same monarchs but 2 parliament
• 1707 act said England & Scotland “shall forever after be united into one United Kingdom” with 1 parliament

Question 15

european communities act 1972

Answer 15

• gave legal effect to governments choice to join EEC
• gives effect to european law in UK
• gives court of justice precedence over UK court on EU law matter
• ECA remains in force till repealed by later act
• european withdraws act 2018 was enacted but will surpass in ‘exit day’

Question 16

european (withdrawl) act 2018

Answer 16

-act of the Parliament of UK that provides both for repeal of the European Communities Act 1972, and parliamentary approval required for withdrawal agreement negotiated between HM Government and the European Union

Question 17

parliament act of 1911 & 1949

Answer 17

• changed relationship between commons & lords
• replaced house of lords power of veto with delaying powers
• reduced length of parliament from 7 to 5 years

Question 18

Scotland act 1998

Answer 18

• greater effect to european convention on human rights (ECHR) in uk law
• requires public authorities to act in human rights friendly way
• change way that law is interpreted in human right cases

Question 19

common law

Answer 19

• law made by judges through creation of legal precedent

- written in law reports

Question 20

British constitution (royal prerogative)

Answer 20

• residue of powers enjoyed by crown, now used by government
  example:
  1. declaration of war
  2. deployment of troops
  3. signing international treaties
• monarch appoint prime minister& prorogation of powers

Question 21

european law

Answer 21

• eu membership has impact on how we are governed
• law currently comes from eu
• in UK, EU law depends on statute (ECA 1972) for legal effects
• effect will continue until 1972 act amends or repeals

Question 22

european convention on human rights

Answer 22

• treaty of council of europe
• importance in UK has increase since introduction of HRA 1998
• since act decisions of european court of human rights have status of persuasive precedents for courts

Question 23

conventions (non legal)

Answer 23

• ‘non legal’ rule of constitution
• recognised by courts + not legally enforceable
• sir Ivor jennings; ‘conventions provides the flesh which clothes the day bones’ (the law & the constitution, 1959)

Question 24

Entick v Carrington (1765) 95 ER 807 (common law case)

Answer 24

fact: kings messengers entered Enticks home & seized ‘seditious’ papers- claimed to act under warrant
decision: warrant had no legal basis & kings messengers were trespassers
principle: executive powers must be exercised according to law