Nature And Sources Of The UK Constitution

Question 1

What is a constitution

Answer 1

The set of laws, rules and practices that create the basic institutions of the state… and relationship between the different institutions. - House of Lords select committee on the constitution

Question 2

What is a codified constitution

Answer 2

A single document that sets out the laws, rules and principle by which a state is governed adn protects the rights of citizens

Question 3

What is an uncodified constitution

Answer 3

A constitution which is not written in one single document however sourced from many different parts e.g. Statute Law, Common Law, Royal Prerogative, conventions and authoritative works.

Question 4

What is entrenchment

Answer 4

Difficult to change often requiring super majorities or approval by referendum

Question 5

What is fundamental law

Answer 5

Constitutional law that is deliberately set above regular statute in terms of status.

Question 6

What is statute law

Answer 6

Law created by the Houses of Parliament, they are implemented by the executive and enforced by the courts

1832 great reform act
Parliament acts 1911 and 1949

Question 7

What is common law

Answer 7

These are law’s derived from general customs or traditions and the decision of judges. the power of Judicial Review is used to clarify or establish legal positions where statute law is absent or unclear

Question 8

What is the royal prerogative

Answer 8

Original powers held by the crown that are exercised by Government ministers in the monarchs name.

Appointing ministers and choose the prime ministers
Giving royal assent to legislation
Declaring war and negotiations of treaties.

Question 9

What are conventions

Answer 9

These are rules or norms of behaviour that are considered binding.

The 2011 cabinet office manual sought to bring together many of these conventions in a single document.
Party with the most amount of seats runs the government.

Question 10

What are authoritative works

Answer 10

A handful of long-established legal and political texts that have come to be accepted as the reference points for those wishing to know precisely ‘who can do what’

A. V. Dicey’s: An introduction to the study of the law of the Constitution (1885)

Question 11

What are the key principles that underpin the UK constitution

Answer 11

Parliamentary sovereignty
The rule of law
A unitary state
Parliamentary government under a constitutional monarchy

Question 12

What is a unitary state

Answer 12

Where sovereignty is located at the centre, a central government has supremacy over other tiers of government.

Question 13

What Is devolution

Answer 13

Where the central government delegates power to another, lower their of government

Question 14

What is parliamentary sovereignty

Answer 14

Where parliament is sovereignty and absolute legal authority within the state is concentrated in parliament.

Question 15

What is sovereignty

Answer 15

Legal supremacy: absolute law making authority.

Question 16

What is the rule of law

Answer 16

This defines the relationship between the state and its citizens, ensuring that no one including the monarch or government is above the law.

3 main strands A.V. Dicey

• no one can be punished without trial
• no one is above the law
• the general pricples of the constitution are from judge made common law

Question 17

What are civil liberties

Answer 17

Fundamental individual rights and freedoms that ought to be protected from interference or encroachment by the state.

Question 18

Unitary V. Union V. Federal

Answer 18

Unitary is highly centralised, government has ultimate authority, centre dominates political, economic and cultural life of the state, all areas are governed in the same way

Union state’s component parts have come together through a union of crowns or by treaty. High degree of administrative standardisation, political power is concentrated at the centre but component nations have some degree of autonomy.

Federal is a state which the consittuion divides decision making authority between national (federal) and regional (state), theirs of government are protected, regions within the state have distinct political and cultural identity

Question 19

Strengths of the UK constituion

Answer 19

Adaptability - as not entrenched can change quickly

Strong government - usually a majority in government

Accountability - accountable to both parliament and by the electorate.

Question 20

Weaknesses of the UK constituion

Answer 20

Outdated and undemocratic

Concentration of power

Lack of clarity

Question 21

What is devolution

Answer 21

This involves the transfer of certain executive and legislative powers from central government to sub national institutions.

1998 scotland act - Parliament
1999 N Ireland and Wales act - Assemblies

Question 22

What is the West Lothian question

Answer 22

This is where devolved nations can vote and influence the outcome of laws which only affect England.

Question 23

What is the Barnett Formal

Answer 23

This is a equation which decides how much money per head each devolved nation gets.

Bad as citizens in devolved nations are getting more money per person than English citizens.

Question 24

What is EVEL

Answer 24

English votes for English laws