Nature and Sources of the Constitution

Question 1

Name the 6 sources of the British Constitution

Answer 1

1. Common Law
2. Statute Law
3. Royal Prerogative
4. Conventions
5. Authoritative Works
6. International Treaties and Conventions

Question 2

Is the British constitution codified or uncodified?

Answer 2

Uncodified

Question 3

What is a codified constitution?

Answer 3

The constitution is fully defined in one singular document or set of documents

Question 4

What is an uncodified constitution?

Answer 4

When a constitution are not fully defined in one document or sets of documents, and instead follows customs, precedent and other legal instruments

Question 5

What is Statute Law?

Answer 5

Acts of Parliament (written laws passed in parliament - before BREXIT any EU legislation automatically indirectly formed part of the British Constitution)

Question 6

Give 2 things protected under Statute law

Answer 6

1. Voting Rights e.g. Representation of the People Act (1969) giving 18 year olds the right to vote
2. Human Rights e.g. Human Rights Act (1998) which incorporated the ECHR into UK law

Question 7

What is Common Law?

Answer 7

Laws and rights passed down over years by legal judgments in courts (judicial precedence)

Question 8

Give 2 things protected under Common Law

Answer 8

1. Freedom of expression
2. Criminality of murder

Question 9

How does statute law affect common law?

Answer 9

Statute law modifies statute law e.g. although the criminality of murder is enforced under common law, statute law has determined the punishment such as abolishing the death penalty in 1965

Question 10

What is Royal Prerogative?

Answer 10

The remaining historical powers exercised in the name of crown by the Prime Minister

Question 11

Give 3 powers of Royal Prerogative

Answer 11

1. Declaring war
2. Proroguing parliament
3. Giving honours titles

Question 12

How does statue law affect royal prerogative?

Answer 12

Statute law can limit royal prerogative powers e.g. the Fixed-term Parliaments Act 2011

Question 13

What are conventions?

Answer 13

Rules, procedures and unwritten traditions that facilitate the smooth running of parliament

Question 14

Give 3 examples of the power of conventions

Answer 14

1. The Salisbury-Addison Convention 1945 - Lords agreed not to delay policies contained in the governing party’s manifesto
2. The Monarch gives royal assent to all bills that have been passed through the Commons and the Lords
3. The Monarch formally invites the leader of the largest party to be Prime Minister

Question 15

Give an example of when a convention wasn’t followed

Answer 15

1707 - Queen Anne refused to give royal assent to the Scottish Militia Bill; withholding royal assent today would cause a constitutional crisis

Question 16

What are authoritative works?

Answer 16

A variety of books and documents that clarify and explain parliamentary procedures and responsibilities and duties of government and ministers

Question 17

Give 3 examples of authoritative works

Answer 17

1. Walter Bagehot’s the English Constitution (1867)
2. Reskin May’s Parliamentary Practise (1844)
3. The Cabinet Manual (2010)

Question 18

What does Walter Bagehot’s English Constitution outline?

Answer 18

Distinguished “dignified” and “efficient” aspects of the constitution where the crown is defined as dignified - having no real power - and parliament as efficient - being the real decision making body

Question 19

What does Reskin May’s Parliamentary Practice define?

Answer 19

Parliamentary procedure - referred to as the “bible of parliamentary procedure” it is regularly referenced by the speaker of the commons

Question 20

What does the Cabinet Manual define?

Answer 20

A guide to the main laws and conventions affecting the conduct and operation of government

Question 21

What are International treaties and conventions?

Answer 21

Treaties that the UK government has signed up to

Question 22

Give 2 examples of International Treaties and Conventions

Answer 22

1. European Convention on Human Rights (ECHR)
2. Paris Agreement

Question 23

What does the ECHR stand for?

Answer 23

The European Convention on Human Rights

Question 24

What 3 things does a constitution need to do?

Answer 24

1. Outline the power of the different branches
2. Outline the rights of the people
3. Express the aspirations of the society (Liberty, Egality, Fraternity - France/Freedom - America)

Question 25

Give 3 strengths of the British Constitution

Answer 25

1. Adaptability due to parliamentary sovereignty
2. Strong and effective governments as the governing party generally exercises significant control over the legislative process in the House of Commons through its majority
3. Accountability; the govenrment is accountable to both parliament - which scrutinises its activities - and the wider electorate - the two party system makes it easy for an unpopular party to be punished in general elections.

Question 26

Give 3 weaknesses of the British Constitution

Answer 26

1. Outed and undemocratic; HOL, Royal Prerogative, and Common Law
2. Concentration of power; there are few checks and balances against the government due to parliamentary sovereignty - a government with a strong majority can force through legislation, undermining civil liberties and weakening other institutions forming an ‘elective dictatorship’
3. Lack of clarity - the uncodified nature of the constitution creates problems of clarity and interpretation - parliament, controlled by the government of the day, is the final arbiter of the construction and can use legislation to pass new acts that overturn unfavourable rulings in courts e.g. the Conservatives drafting emergency legislation that ruled Rwanda a safe country following a Supreme Court ruling that deemed the Rwanda Program unconstitutional as it was an unsafe country