The British Constitution.

Question 1

What is the British constitution?

Answer 1

The British Constitution doesn’t exist in a single document. It is uncodified and is the product of a variety of different sources.

Question 2

What is Entrenchment?

Answer 2

Entrenchment is the device which protects a constitution from short term amendment. However it is not possible in the UK to entrench constitutional principles. This is because Parliament is sovereign.

Question 3

What is a constitution?

Answer 3

A constitution is a set of principles either written or unwritten that establishes the distribution of power within a political system.

Question 4

When was the Magna Carta passed?

Answer 4

1215.

Question 5

When was the Bill of Rights passed?

Answer 5

1689.

Question 6

What was the Magna Carta?

Answer 6

It’s the greatest constitutional document of all times - the foundation of the freedom of the individual. It defined the organization and powers of Parliament and it also made it clear that the King is not above the law of the land.

Question 7

What was the Bill of Rights?

Answer 7

It made the Parliament the supreme law making body of the land. It also provided a list of individual rights to the citizens of England.

Question 8

What’s the Act of settlement?

Answer 8

It fixed certain rules regulating the order of succession to the British Throne. The King is the head of the Anglican Church. It laid down very clear that in the future no Roman Catholic can ascend the British Throne.

Question 9

What’s the Act of Union?

Answer 9

This has united Scotland permanently with England under one common government.

Question 10

What are the Parliament Acts of 1911 and 1949?

Answer 10

Act of 1911: This curtailed the powers of the House of Lords and permanently established the supremacy of the House of Commons.

Act of 1949: This reduced the delaying power of the House of Lords from 2 years to 1 year in matters of passing legislation of ordinary significance.

Question 11

What’s the European Communities Act of 1972?

Answer 11

The European Communities Act of 1972 is an Act of Parliament which made legal provision and leeway for the accession of the United Kingdom to the EEC, Euratom and the Coal and Steel community.

Question 12

What is EU law?

Answer 12

EU law are laws that Britain has to comply with. Britain has to comply with EU directives and EU laws. If Parliament passes a law which isn’t in accord with EU law, it can be overturned in the European Court.

Question 13

What was one of Gordon Brown’s first decisions when he became Chancellor of the Exchequer in 1997?

Answer 13

He handed control of the interest rate to the Bank of England.

Question 14

What do Scotland, Wales and Northern Ireland have?

Answer 14

They have devolved assemblies.

Question 15

How can the Executive control Parliament?

Answer 15

They can use whips and the promise of promotion to back benchers.

Question 16

What is political sovereignty held by?

Answer 16

It is held by Parliament only as a reflection of the people’s votes in the General election.

Question 17

When are referendums held?

Answer 17

They are held if they are approved by Parliament.

Question 18

When can the British Constitution operate?

Answer 18

It can operate only in the context of party control.

Question 19

What sovereignty does Parliament have?

Answer 19

It has both political and legal sovereignty.

Question 20

What is a unitary system of government?

Answer 20

In a unitary constitution, ultimate political power resides in one location.

Question 21

What are the arguments for and against Britain keeping its uncodified constitution?

Answer 21

For:

• The current constitution is flexible and can adapt to changing circumstances easily.
• A codified constitution would inevitably lead to disputes involving the Supreme Court in particular over its precise meaning.
• The lack of constitutional constraints allows our government to be strong and decisive.

Against:

• Our human rights need to be strengthened.
• A codified constitution would allow parliament to hold the government to account more effectively.
• It would improve the public’s awareness of their rights.

Question 22

What are strengths and weaknesses of the UK constitution?

Answer 22

Strengths:

• The current constitution is flexible and can adapt to changing circumstances easily.
• A codified constitution would lead to disputes involving the Supreme Court in particular over its precise meaning.
• The lack of constitutional constraints allows our government to be strong and decisive.

Weaknesses:

• Our human rights need to be strengthened.
• Governmental power is excessive according to reformers.
• Improve public rights awareness;.

Question 23

What are the criticisms of the UK constitution?

Answer 23

• The government implements changes to the constitution but in a rather disparate and discrete manner.

Question 24

What is devolution?

Answer 24

Devolution in the UK has the following features:

• The devolved governments have had independent control over taxes raised in their countries.
• The devolved administrations each have an elected assembly and a government which is drawn from the assembly.
• The method by which they are elected is not first past the post, but proportional representation.
• Devolution has been entrenched by referendum.

Question 25

What does devolution look like in England?

Answer 25

There is no devolution in England.

Question 26

What does devolution look like in Scotland?

Answer 26

The context of devolution in Scotland includes the following features:

• Scottish government had long enjoyed some autonomous powers, notably over education and law and order. The country had its own legal system and civil service.
• An original attempt to introduce devolution in 1979 failed because there was inadequate support in the country.
• Nationalist sentiment increased during the 1990s.

Question 27

What areas does the Scottish Parliament control?

Answer 27

• Agriculture, forestry and fisheries.

- Education and training.