Nature Of The British Constitution

Question 1

What does it mean to be an uncodified constitution?

Answer 1

-not found in one single document or place
-it’s written in many different places
-defined as unitary — most power lies with the centre (Westminster parl)

Question 2

How is it characterised by parliamentary sovereignty?

Answer 2

-parl has final say + is the ultimate authority
-what one elected parl enacts as legislation a later one can change or revoke

Question 3

How does it operate?

Answer 3

-operates under rule of law
-the law applies equally to everyone including those who make the law

Question 4

What are the main sources of the UK constitution?

Answer 4

-constitutional statute law
-common law
-the royal prerogative
-conventions
-works of authority
-international agreements

Question 5

What is statute law?

Answer 5

-acts of parl — most importance source
-includes laws that define who can vote e.g. the representation of people act 1969 lowered voting age 18 + human rights
-e.g. HRA 1998 incorporated ECHR into UK law - before 2020 European law indirectly formed part of Br constitution

Question 6

What is common law?

Answer 6

-comprises laws or rights passed down over years by legal judgements in courts — process called judicial precedence
-e.g. freedom of expression + criminality of murder
-can be modified by statute law e.g. non specific law murder a crime + always been viewed as crime by the state
-many statute laws have dealt with punishments for murder e.g. abolishing death penalty 1965

Question 7

What is the royal prerogative?

Answer 7

-remaining powers exercised in name of the crown
-formal powers of monarch exercised by PM + govt
-range from high profile powers — power to seek dissolution or prorogation of parl
-to less well known ones — issuing of UK passports
-e.g. 2019 PM Johnson sought Queen permission to prorogue parl for 5 wks to avoid scrutiny of govt Brexit proposals

Question 8

What are the conventions?

Answer 8

-‘oil + grease’ - enable politics + parl function effectively
-when broken leads to dead lock + problems
-not written down but generally agreed to
-most important convention terms of legislation is monarch gives royal assent to all bills passed by both houses e.g. 1707 Queen Anne refused sign Scottish militia bill

Question 9

What are works of authority?

Answer 9

-comprises variety of documents that deal with areas including parl procedures + responsibilities + duties of govt ministers
-e.g. cabinet manual 2010 — covers wide range topics incl. ministerial conduct, cab composition + scrutiny of govt
-Cameron explained purpose was to set out internal rules + procedures under which govt operates