TB1

Question 1

(The UK Constitution) What is constitutional law?

Answer 1

How and when laws can be made
What the government is allowed to do
The powers courts have
The rights of citizens

Question 2

(The UK Constitution) What are the two types of constitution?

Answer 2

Codified (written)

Uncodified (unwritten)

Question 3

(The UK Constitution) What are the features of a codified constitution?

Answer 3

One single document which the constitutional rules can be found in
There is no higher law than the constitution
Countries with codified constitutions include Australia, USA, Japan, France, Brazil etc

Question 4

(The UK Constitution) What are the features of an uncodified constitution?

Answer 4

Several different documents containing the constitutional rules
The rules are made up of a combination of sources
Countries with uncodified constitutions include the UK, Israel, New Zealand, Saudi Arabia

Question 5

(The UK Constitution) What are the sources of the UK constitution?

Answer 5

Constitutional statutes e.g the Human Rights Act
The Royal Prerogative 
Judicial decisions
Constitutional conventions 
EU law, international law

Question 6

(UK political system) What are the 5 groups that make up the UK political system?

Answer 6

The Monarch
Parliament 
The Government 
The Civil Service 
The Judiciary

Question 7

(UK political system) What is the Monarchy?

Answer 7

UK Head of State
Can appoint MPs and the PM
Can dissolve Parliament 
Can give Royal Assent 
Used to be the ultimate authority

Question 8

(UK political system) What is Parliament?

Answer 8

HOC
Elected MPs for each constituency
Overlap with government
650 seats

HOL
Unelected
No role in government
775 peers

Question 9

(UK political system) What is the central government?

Answer 9

Runs the country
Formed by party who wins the general election
Makes and implements policy

Question 10

(UK political system) What is the civil service?

Answer 10

Supports the government
Runs government policies
Implements the policy

Question 11

(UK political system) What is the judiciary?

Answer 11

Adjudicates and solves disputes

Question 12

(UK political system) What is a general election?

Answer 12

Dictates the HOC
Determines the political party controlling the country
MPs with the most votes are elected

Question 13

(UK political system) What are the 4 peer categories in the HOL?

Answer 13

Hereditary - passed through generations
Life - appointed by the Monarch on advice of the PM
Lords Spiritual - 26 most senior bishops in the CoE
Law Lords - retired senior judges

Question 14

(Separation of powers) What is separation of powers and who gave the most accepted version?

Answer 14

Authorities should share the power and exist as separate institutions to prevent tyranny
Most accepted version was given by Charles Montesquieu

Question 15

(Separation of powers) What are the powers in the UK?

Answer 15

Legislature - Parliament
Executive - Government
Judiciary

Question 16

(Separation of powers) What is pure separation of powers?

Answer 16

The 3 branches of powers are completely separate

Question 17

(Separation of powers) What is partial separation of powers?

Answer 17

The 3 branches of powers have their own roles but there are some overlaps between the roles

Question 18

(Separation of powers) The UK has a partial separation of powers. What are some examples of overlaps?

Answer 18

PM and Cabinet are MPs (Exec and Leg)
HOL was the highest court in the UK (Leg and Jud)
Lord Chancellor overlapped all 3 branches

Question 19

(Parliamentary sovereignty) What are Dicey’s 3 features of parliamentary sovereignty?

Answer 19

Parliament can make and unmake any law on any subject matter
No person or body has the power to question the validity of an Act of Parliament
Parliament cannot be bound by predecessors or bind its successors

Question 20

(Parliamentary sovereignty) What are the two ways that an Act of Parliament can be repealed or amended?

Answer 20

Express repeal - Parliament passes a new AoP that states it has repealed an older AoP
Implied repeal - a new AoP contains words that contradict an older AoP but doesn’t expressly repeal - the new act will prevail

Question 21

(The UK and the EU) What is the EU?

Answer 21

The European Union
Economic and political organisation made up of 27 member states
Purposes include to promote peace, borderless trade and movement of people, protection of the environment etc

Question 22

(The UK and the EU) What are the 3 main institutions of the EU?

Answer 22

The European Parliament
The European Commission
The Court of Justice of the European Union

Question 23

(The UK and the EU) What is the European Parliament?

Answer 23

The legislature of the EU

Composed of members directly elected by EU citizens

Question 24

(The UK and the EU) What is the European Commission?

Answer 24

The executive of the EU

Not democratically elected, predominantly civil servants

Question 25

(The UK and the EU) What is the Court of Justice of the European Union?

Answer 25

Judiciary of the EU

Interprets EU law

Question 26

(The UK and the EU) What are the primary and secondary sources of EU law?

Answer 26

Primary - mainly from the founding treaties of the EU

Secondary - EU Regulations and Directives

Question 27

(The UK and the EU) What are EU Regulations?

Answer 27

Completely binding on member states
No flexibility
Upon coming into force, regulations become law in all member states

Question 28

(The UK and the EU) What are EU Directives?

Answer 28

Not completely binding on the member states
Members must adopt their own legislation to incorporate directives
More flexible than regulations

Question 29

(The UK and the EU) What is the Doctrine of Direct Effect?

Answer 29

Individuals are allowed to enforce their rights and obligations under EU law directly before their own national courts

Question 30

(The UK and the EU) What is the Doctrine of Supremacy?

Answer 30

Any national law that conflicts with EU law will be rendered inapplicable
EU law will take precedence over national law

Question 31

(The UK and the EU) What is the European Communities Act 1972?

Answer 31

The Act of Parliament that entered the UK into the EU

Question 32

(The UK and the EU) What are the 3 approaches to UK law conflicting with EU law?

Answer 32

Parliamentary sovereignty prevails approach
Lord Denning’s construction approach
EU law prevails approach

Question 33

(The UK and the EU) What is the parliamentary sovereignty prevails approach?

Answer 33

Early days of being in the EU it was seen that nothing had really changed
UK law was still taken to prevail

Question 34

(The UK and the EU) What is Lord Denning’s construction approach?

Answer 34

Allowed UK court to give effect to EU law without damaging parliamentary sovereignty
Makes the presumption that all UK AoPs already comply with EU law so there should be no conflict

Question 35

(The UK and the EU) What is the EU law prevails approach?

Answer 35

Used now

EU law prevails over conflicting UK law

Question 36

(Brexit) Why did the UK choose to reverse their EU membership?

Answer 36

Euroscepticism
Xenophobia
UK was the least well integrated EU member state

Question 37

(Brexit) What is the Irish problem?

Answer 37

UK’s only land border with the EU is in the Republic of Ireland
Brexit will terminate the free movement between the UK and the EU
Free movement helped the peace in Northern Ireland

Question 38

(Brexit) What is the possible solution to the Irish problem?

Answer 38

Northern Ireland Backstop
NI will take a ‘hybrid status’ - will still be a part of the UK but can also establish an EU tariff
The rest of the UK will be able to diverge from EU rules so may affect unity of the UK