Nature & sources of bRITISH CONSTITUTION

Question 1

Constitution

Answer 1

a set of rules that sets out the powers and functions of various government

Question 2

Codified constitution

Answer 2

all provisions are written in one place

Question 3

when and why did England adopt a codified constitution

Answer 3

After Charles I abducted and Oliver Cromwell became Lord protector, he installed the ‘instrument of govt’,a d this was Englands first written constitution. However this didn’t last because the constitution fell apart after Cromwells death and Charles II became king.

Question 4

Parliamentary sovereignty

Answer 4

principle in the constitution that makes parliament the ultimate authority

Question 5

Statue laws

Answer 5

most important source of the constitution. Laws that have been passed by parliament and approved by the monarch
Eg: the representation of the peoples acts (lowered the voting age from 21 to 18) and the HRA 1998 which is incorporated by the ECHR

Question 6

Common law

Answer 6

Laws defined by the judiciary also known as judicial precedence gives individual freedom of expression. Common laws can often be modified by statue laws.
Eg: there’s no law murder is a crime but its set out by the judges

Question 7

Conventions

Answer 7

The ‘oil and grease’ that enables parliament to function efficiently and smoothly.
Are not written down but agreed rules

Question 8

What is an important convention

Answer 8

after the general election, the monarch formally invites the leader of the largest single party to form a government.

Question 9

What steps can be taken if conventions are being ignored

Answer 9

individual ministerial responsibility established that a minister involved with a scandal should be held responsible through resignation (however this is subjective)

Question 10

What is the relationship between common laws and statute laws

Answer 10

Statue laws override common laws, which fill a gap between the laws

Question 11

Royal prerogative

Answer 11

The formal powers of the monarch. They are high profile powers that belong solely to the monarch to seek a dissolution of prorogation such as issuing UK passports

Question 12

How did the case of proclamation(1610) weaken royal prerogative

Answer 12

It stated the king was not allowed to change common laws, nor create an offence without parliaments permission

Question 13

Manga Carta 1215

Answer 13

Treaty that established the precedent that the kids powers are limited, ensuring he would consult barons on certain matters

Question 14

Bill of rights 1689

Answer 14

passed into law the necessity of frequent parliaments, free elections and freedom of speech.
Created dominance of parliament over the monarchy

Question 15

Acts of settlements 1701

Answer 15

Legalised the need for a Protestant monarch, never a Catholic one

Question 16

Parliament act 1911

Answer 16

ended lords power of absolute veto, they could only delay a bill for two years and couldn’t block ‘money bills’

Question 17

Modernisation of political institution : HOUSE OF LORDS ACT 1999

Answer 17

Removed from the lords all but 92 hereditary peers and allowed introduction of nominated life peers

Question 18

Modernisation of political institution :CRA 2005

Answer 18

Created a separate SC, which became the highest court in the land and replaced the law lords. Generated greater judicial independence & separation of powers

Question 19

Modernisation of political institution : HOUSE OF LORED REFORM ACT 2014

Answer 19

Gave existing peers the right to resign or retire from their seats in the Lords, as well as enabling the removal os peers convicted of serious crimes

Question 20

How could be British constitution be reformed further

Answer 20

• lowering the voting age
• making voting compulsory (Australia)
• making use of e-democracy as in online voting
• extending devolution

Question 21

What is constitutional sovereignty

Answer 21

When a codified constitution has ultimate authority. No parliament or govt can pass laws or undertake actions that are ruled by the courts unconstitutional.