Nature of the constitution

Question 1

List the 5 key principles the underpin the constitution

Answer 1

• Parliamentary sovereignty
• The rule of law
• A unitary state
• Uncodified and unentrenched
• Parliamentary government as part of a constitutional monarchy

Question 2

What is a unitary state?

Answer 2

One where sovereignty is located at the centre. The central government has superiority over other tiers of government which it can reform or abolish. All parts of the state will be governed in the same way

Question 3

Define sovereignty

Answer 3

Absolute law making supremacy that is not subject to a higher authority

Question 4

What is parliamentary sovereignty?

Answer 4

The idea that parliament has absolute legal authority within the state. Parliament can legislate on any matter of its choosing, its decisions cannot be overturned by any higher authority and it cannot bind its successors

Question 5

Define devolution

Answer 5

This is where a central government delegates power to a, usually lower tier, form of government, while retaining ultimate sovereignty

Question 6

What three things have called parliamentary sovereignty into question?

Answer 6

• Devolution
• EU membership
• Increased use of referendums

Question 7

How was EU membership a threat to parliamentary sovereignty?

Answer 7

Parliament agreed to make itself subservient to EU law

Question 8

How has devolution threatened parliamentary sovereignty?

Answer 8

Scottish parliament now has tax varying powers and primary legislative authority over lots of areas. It has grown to a point where it would be almost impossible to abolish

Question 9

How have referendums threatened parliamentary sovereignty despite being technically only advisory in nature?

Answer 9

There increased use since 1997 has transferred a certain degree of legislative power away from parliament and back towards the people

Question 10

What kind of practical concerns is parliamentary sovereignty limited by?

Answer 10

The desire of MPs to be re elected and parliament’s need for money to cover its expenses

Question 11

Describe the difference between power and sovereignty

Answer 11

Power is a more flexible concept that can be added or reduced by bodies that hold sovereignty. The distribution of power in a constitution is dynamic, whereas the distribution of sovereignty will be static. Sovereignty is about politics in theory, power is about politics in practise

Question 12

Define political sovereignty

Answer 12

The ability to exercise legal power, the reality of matters as opposed to pure principles

Question 13

Define popular sovereignty

Answer 13

The idea that the will of the people must be listened to in order to maintain a peaceful democracy

Question 14

Define pooled sovereignty

Answer 14

Parliament may choose to share its authority with other supra-national organisations

Question 15

Explain the idea of the rule of law

Answer 15

A legal theory holding that the relationship between individual and state is governed by law, protecting the individual from arbitrary state action

Question 16

State the three main strands of the rule of law

Answer 16

• No one can be punished without trial
• No one is above the law, and all are subject to the same justice
• The general principles of the constitution stem from judge-made law, rather than parliamentary statutes or executive orders

Question 17

What does it mean to say that everyone is equal under the law?

Answer 17

Individuals are all entitled to a fair trial and should not be imprisoned without due process

Question 18

Who do the courts have the power to hold to account for acting outside the law or neglecting their duties under the rule of law?

Answer 18

Government ministers, public officials and police officers

Question 19

What must parliamentary laws be passed and interpreted by?

Answer 19

An independent judiciary free from political interference. This ensures the rights of citizens are protected from arbitrary executive action

Question 20

What can citizens do if they feel unfairly treated by the government?

Answer 20

Take them to court

Question 21

Why does it not matter that parliament theoretically has the sovereignty to abolish the freedoms guaranteed under the rule of law?

Answer 21

Because any effort to oppose them would be seen as illegitimate and undemocratic, making this untenable in practise

Question 22

What kind of society should the rule of law produce in theory?

Answer 22

One that is rational and well-ordered, as everyone will be treated fairly and face the same consequences for set actions