Nature and Sources of Constitution

Question 1

Nature- Uncodified

Answer 1

Uncodified- Found in a variety of sources. Can make it more difficult for people to understand their rights. Can make it easier to adapt for example Acts of Parliament as no complicated procedures are required to amend it.

Question 2

Nature- Unitary

Answer 2

All power derives from central government, this is the opposite of a federal constitution like in the US. This means that the Westminster Parliament is sovereign and therefore very powerful. Any power given to the regions via devolution is delegated and not transferred permanently

Question 3

Nature- Rule of Law

Answer 3

Everyone is equally subject to laws. Government and MP’s cannot break their own laws. This identifies Britain as a modern liberal democracy and ensures powers are limited. If a minister is found to have broken their own rules they are deemed to have acted ultra vires. Can lead to reversing government action like in 2016. Government was found by the courts to have acted illegally by trying to restrict legal aid to people born outside of the UK.

Question 4

Sources- Statute Law

Answer 4

Acts of Parliament that affect and alter the British constitution. Covers laws that impact on civil liberties and human rights such as Human Rights Act 1998 which incorporated the European convention on human rights (ECHR) into UK law. Significant as the constitution remains flexible and adaptable.

Question 5

Sources- Common Law

Answer 5

Laws passed down over the years by legal judgements in the courts. Represents judicial precedent, for example the right to free expression and the defence of property rights. The Magna Carta 1215 is based on common law not statute law. This does not have precedence over statute law or acts of parliament. Statute law can repeal or modify rights granted by common law.

Question 6

Royal Prerogative

Answer 6

The historic political powers of the monarch now effectively transferred to the prime minister. Although technically the armed forces are those of the monarch, in reality decisions about deployment and size are made by the government. Often described as a way of the government extending their power. For example honours like peerages can be handed out by the prime minister alone.