Sources, features and functions

Question 1

Define a constitution

Answer 1

A set of rules defining how a state is governed. It describes the structure and powers of the government and the limits of those powers. It also sets out the relationship between the government and the citizen.

Question 2

What are the 7 sources of the constitution?

Answer 2

Parliamentary statutes
Constitutional conventions
Historical principles
Common law
European Union law
Works of Authority
The Royal Prerogative

Question 3

What are parliamentary statutes?

Answer 3

Acts of Parliament that establish constitutional principles, they can be overturned by Parliament due to parliamentary sovereignty.

Question 4

What are 3 examples of parliamentary statutes?

Answer 4

Freedom of Information Act (2000)
House of Lords Act (1999)
Scotland Act (1998)

Question 5

What are constitutional conventions?

Answer 5

Unwritten rules that are considered binding on all members of the political community. They can’t be challenged in law but they have so much moral force that they’re rarely disputed.

Question 6

Give 2 examples of constitutional conventions.

Answer 6

The Royal Prerogative

Salisbury Convention

Question 7

What is the Salisbury Convention?

Answer 7

The House of Lords shouldn’t block any legislation that appeared in the governing party’s most recent election manifesto.

Question 8

Define historical principles

Answer 8

Principles that have become binding as they’ve been established over a long period of time

Question 9

What are 3 examples of historical principles?

Answer 9

Parliamentary sovereignty
Parliamentary government
The rule of law

Question 10

Define common law

Answer 10

Common law is based on precedent and most common law concerns the principles of rights and justice. However, most common law has been replaced the European Convention of Human Rights, but some of Parliament’s powers and procedures are contained in common law, such as the Royal Prerogative.

Question 11

Why is EU law a source of the UK constitution?

Answer 11

Because the UK is bound by treaty to accept it and obey it.

Question 12

What are Works of Authority?

Answer 12

Books written by Parliamentarians on constitutional matters that can be consulted

Question 13

Give 2 examples of Works of Authority

Answer 13

Parliamentary Practice by Erskine May

A.V Dicey on the rule of law

Question 14

What is the Royal Prerogative?

Answer 14

Powers traditionally exercised by the monarch with the need to consult Parliament, such as declaring war, making treaties and dissolving Parliament. These are now carried out by the executive (PM) and Parliament can abolish these prerogatives by passing laws.

Question 15

What are the 6 features of the constitution?

Answer 15

Fusion of powers
Parliamentary sovereignty
Constitutional Monarchy
The Royal Prerogative
Unitary Nature
Rule of law

Question 16

Define fusion of powers

Answer 16

When any of the three powers combine.

Question 17

How does fusion of powers work in the UK constitution?

Answer 17

Fusion between the legislature and the executive, as most of the Cabinet sit in either the House of Commons or Lords. The judiciary has become separate and more independent due to the Constitutional Reform Act (2005) that came into effect in 2009 by creating a Supreme Court which was separate from the House of Lords.

Question 18

Define parliamentary sovereignty

Answer 18

Only Parliament can make law and change the constitution, since legal sovereignty gives them the unlimited right to make, repeal and amend any law and political sovereignty gives Parliament the ability to rule without challenge. Essentially, Parliament is the ultimate source of authority, power and all law.

Question 19

Define constitutional monarchy

Answer 19

The monarch is head of state, but her powers are strictly limited by parliamentary sovereignty and she doesn’t have a political role.

Question 20

Define unitary nature

Answer 20

All power is concentrated in central government, although some power has been devolved to regional assemblies (Scotland and Wales) and local government, but this could be set aside by Westminster at any time.

Question 21

What is rule of law?

Answer 21

Rule of law determines that no one is above the law, including the government and that all are equal before the law. The law also ensures that the government doesn’t act beyond its powers, acting as a constraint.

Question 22

What are the three main principles of a constitution?

Answer 22

Parliamentary sovereignty
Unitary state
Rule of law

Question 23

What are the 6 main functions of a constitution?

Answer 23

How political power is distributed
The political process
The limits of government and Parliament
The rights of citizens against the state
The rules of nationality and citizenship
The rules governing the amendment of the constitution

Question 24

What does the political power distribution function determine?

Answer 24

The balance of power between the government and Parliament

In a bicameral Parliament, the functions and balance of power between the two chambers

Question 25

What functions does the UK constitution perform?

Answer 25

How political power is distributed
The political process
The rules of nationality and citizenship

Question 26

What are the characteristics of the UK constitution?

Answer 26

Uncodified
Not entrenched
Constitutional monarchy
Royal Prerogative
Party government
Unitary government

Question 27

Define party government

Answer 27

The arrangements concerning the operation of both the cabinet and the House of Commons depend upon a single party controlling the executive branch and is usually able to control its majority in the Commons. The principles of collective responsibility, mandate and manifesto, government and opposition and patronage all depend upon one party forming a government alone.

Question 28

Define unitary government

Answer 28

The UK is a unitary political system, legal sovereignty is located at the centre, Parliament.