Sources of the Constitution

Question 1

What 5 words classify the UK constitution

Answer 1

Unwritten, Monarchical, Unitary, Flexible, informal separation of power

Question 2

Does the UK have a formal or informal separation of powers?

Answer 2

Informal

Question 3

What are the three core constitutional principles?

Answer 3

There are core principles on which the UK constitution is based.These principles are:

(a) the rule of law;
(b) the separation of powers; and
(c) the supremacy of Parliament.

Question 4

What is Dicey’s Rule of Law?

Answer 4

• There should be no arbitrary exercise of power by the state or government- all actions of the state or government must be permitted by the law.
• Laws should be made properly, following a set procedure.
• Laws should be clear - laws should be set out clearly and accessibly, and a citizen should be punished only for a clearly defined breach of the law.
• Laws should be certain - laws should not operate retrospectively and a citizen should not be punished for an act that was not a crime at the time he carried out that act.
• There should be equality before the law - all citizens should have equal access to the legal process for the redress of grievances, and the law should treat all persons in the same way (for example, the law should not provide special exemptions or ‘get-outs’ for government officials).
• The judiciary should be independent and impartial - the courts should be sufficiently independent from the legislature and the executive so that judges can uphold the law without fear of repercussions from the other branches of state.