Introduction to the UK Constitution

Question 1

What is Constitutional Law?

Answer 1

Concerned with the exercise of power in a country (to create the laws for citizens to follow)

Question 2

What does “exercise of power” refer to?

Answer 2

• Running of a country
• Ensuring a just and fair society
• Passing laws to this end
• Body of law regulated

Question 3

The Declaration of Independence in America took place in 1776. Why did they make this declaration?

Answer 3

Used as an announcement for American citizens not wanting to be ruled by the British Empire, as they believe this rule was destructive (declaring themselves “independent”)

Question 4

What does Hilaire Barnett argue?

Answer 4

Constitutions of state require a background for the government including their powers; a set of rules with principle institutions of the state [“set of rules, written or unwritten”]

Question 5

As a result of America declaring themselves independent, what was the problem regarding this?

Answer 5

A new Governmental system should be imposed (to reflect the values that they want for themselves and how they want to be ruled)

Question 6

Generally, where does a constitution come from? (i.e., relating to America)

Answer 6

• A break from established rule/’revolution’ (both violent non-violent) (e.g., vision of independence)
• Setting up a new system of government for a country that better reflects its values

Question 7

Primarily, what do people believe about constitutions (relate this with ‘ordinary’ law)

Answer 7

The constitution is one singular document and has to be regarded as important laws over the country, also known as “supreme” (can only be amended in extraordinary situations)

Question 8

How is the UK Constitution different to other countries?

Answer 8

• Not a singular constitution –> uncodified
• Sources from various eras and places (e.g., Acts of Parliament, Cases, “Constitutional conventions”)

Question 9

As a result of an uncodified constitution, how does this affected the UK society?

Answer 9

No break in established rule (e.g., revolution) means no new system of Government is made, allowing the constitution to evolve and adapt

Question 10

Why is the UK Constitution not supreme unlike other countries?

Answer 10

UK Constitution is uncodifed and not supreme. Instead, Parliament is the supreme authority

Question 11

Provide some advantages and disadvantages of relying to the UK Constitution?

Answer 11

• A: flexible (can change constitution by passing new laws and adapting to societal changes)
• D: Flexibility does not preserve sacred contents from the past

Question 12

Laws are used to the determine the UK as a unitary state. What does this mean and how is it different from federal systems?

Answer 12

Unitary states derive from Governmental power rather than state systems instead that solely revolve around their constitution.

Question 13

What is the difference between elected (Republic) and Hereditary (unelected) “Heads of State”.

Answer 13

• Elected have power and authority
• Hereditary do not have any power or real authority (e.g., King Charles doesn’t have a say for appointing prime ministers but does so anyway)

Question 14

How is “power” significant relating the UK Constitution and Parliament.

Answer 14

Power to pass laws is exercised by Parliament.

Question 15

Define the term “Bicameral” (i.e., House of Commons and House of Lords)

Answer 15

Has two chambers

Question 16

How is the House of Commons different to the House of Lords?

Answer 16

• Commons: Involves election (MPS), Government priority & have power to legislate without Lord’s consent)
• Lords: appointed, not politically accountable

Question 17

Why are Acts of Laws important?

Answer 17

Determine constitution and how it operates.

Question 18

What is the importance of there being a Government?

Answer 18

• Have power to run country and make decisions (e.g., access to free healthcare, taxes)
• Parliament gives Government power

Question 19

How is “power” in Courts significant to the UK Constitution?

Answer 19

• Has power to uphold fair society and justice
• Reviews Government action to whether it is lawful [judicial review]
• Higher Court establishing rules for lower courts

Question 20

What is a legal constitution and political constitution?

Answer 20

• Legal: laws that set out a constitution and how the system operates (e.g., political events like monarchy appointing prime ministers without a specific reason)
• Political: controlling Government

Question 21

How are constitutional conventions important?

Answer 21

• For understanding the UK conventions
• Unwritten rules determine and clarify procedural features of UK system

Question 22

What does Sir Ivor Jennings argue overall about UK constitutions?

Answer 22

Despite law having such principles, the UK’s one is manifestly different. It is not a written document and therefore the UK has no constitution.