The Constituition

Question 1

Explain how the European Parliament is not that effective in promoting Democracy in the UK.

Answer 1

Democratic deficit - Weakest of the EU institution, with little policy-making influence and only limited effective control over European Commission.
Rule from Brussels - Growing EU influence over UK politics has been intercepted as a threat to the Sverige power of Parliament thus prevents the UK to function as a democratic state adequately.

Question 2

Explain why the written/unwritten constitution is often misleading

Answer 2

No constitution is entirely written. No constitution is entirely composed of formal rules that are legs by enforceable. Cannot define all aspects of constitutional practice.
No constitution is entirely unwritten. No constitution consists entirely only rules of conduct or behaviour.

Question 3

What is a codified constitution?

Answer 3

A constitution in which the key constitutional provisions are collected together within a single legal document, popularly known as a written constitution (Most notable is the US one)

Question 4

What are the 3 year features of a codified constitution?

Answer 4

• The document itself is authoritative, in the sense that it constitutes ‘higher law’ - indeed the highest law of the lad. The constitutions stands above statue law by the legislature.
• The provisions of the constitution s laid out in the codified document are entrenched, in the sense that they are difficult to amend or abolish. The process of changing the constitution is very complex
• The constitution sets out the duties powers and functions of government institutions in terms of higher law. All political bodies are subject to the authority of the courts, and in particular a supreme or constitutional court.

Question 5

What is an uncodified constitution?

Answer 5

A constitution that is made up of rules that are found in variety of sources, in the absence of a single heal document or written constitution.

Question 6

What are the 3 features of an uncodified constitution?

Answer 6

The constitution is not authoritative. Constitutional laws enjoy the same status as ordinary laws. There is no higher law.
They are not entrenched. The constitution can be changed through the oral process for enacting the statue law (Parliamentary sovereignty - make, unmake, amend laws)
They are not judicable. Judges do not have a legal standard against which they can declare that the actions are constitutional or unconstitutional.

Question 7

What is a Unitary and Federal Constitution?

Answer 7

Unitary: A constitution that concentrates sovereign power in a single body body of national government.
Federal constitution: A construction that is based o the principle of shared sovereignty in that there are two relatively autonomous levels of government, the national federal and the regional/state

Question 8

Explain how the UK constitution can be seen as being slightly rigid.

Answer 8

Some aspects of the U.K’s constitutions have remained remarkably resistant change.
These include principles of parliamentary sovereignty and th constitutional monarchy.
The Royal prerogative powers

Question 9

What are the main sources of the U.K. Constitution?

Answer 9

Statue Law 
Common Law 
Conventions 
Works of cosnstutional authority 
European Law and treaties

Question 10

Explain why the UK has increasingly been seen as a uncodified but mainly written constitution.

Answer 10

There is no single authoritative constitutional document in the UK, most of there rules of the constitution are written down and many of them have legal status (even though they may not constitutive higher law)
Rules and principles found In a variety of places

Question 11

What are the main principles of the the UK Constitution?

Answer 11

Parliamentary sovereignty 
The Rule of Law
Parliamentary government 
Constitutional monarchy 
EU membership

Question 12

Arguments in favour of a Codified Constitution.

Answer 12

CLEAR RULES; Key constitutional rules are collected in a sing,e document, they are more clearly defined which creates less confusion about the meaning of the constructional rules and greater certainty can be enforced.
LIMITED GOVERNMENT; Would cut government down to size. It would provide a solution to the problem of elective dictatorship by ending parliamentary sovereignty. Higher law would also safeguard the constitution from interference by the gov of the day.
NEUTRAL INTERPRETATION; ‘policed by senior judges’. This would ensure that the pro ions of the constitution are properly upheld by other public bodies. Judges act as neutral and impartial constitutional arbiters.
PROTECTING RIGHTS: Individual liberty would be more securely protected by a codified constitution because it wild defiant the relationship between the state and the citizens. Rights would there fore be more clearly defined and easier to enforce
EDUCATION AND CITIZENSHIP; Has education value, in that it highlights the central values and overall goals of the political system. Strengthens citizenship by craving a clearer sense of political identity which may be particularly important in an increasing multicultural society.

Question 13

Arguments against a codified constitution.

Answer 13

RIGIDITY; codified constitutions tend to be more rigid because higher law is more difficult to change than statue law. The constitution could therefor easily become outdated and fail to respond d to an ever changing political environment.
JUDICIAL TYRANNY; Judges are not the best people to police the yes they are unelected and socially unrepresentative. Codified constitution would be interested in a way that is not subject to public accountability. May also reflect the preference and values of senior judges.
LEGALISTIC; Codified constitutions are legalistic documents, created by people at one point in one time. They are often dry and only properly understood by lawyers and judges. Unwritten have been endorsed by history so have an organic character
POLITICAL BIAS; Inevitably biased because they enforce a set of values or principled in preference to others. Percolate more conflict than they resolve.
UNNECESSARY; may not be the most effective of limiting government power. Improving democracy and strengthening checks and balances may be better way of preventing, over-mighty government making a codified constitution unnecessary.

Question 14

Explain Statue Law

Answer 14

Statue law is made by parliament (Acts of Parliament)
Most important source of the U.K. Constitution
Statue will always prevail if it conflicts with a convention or common law.

Question 15

Explain the Common law

Answer 15

Refers to a body of laws that are based on traditional, custom and precedent.
They usually acquire legal status.
Some of these include Royal prerogatives, Traditional Rights and Freedom

Question 16

What are conventions?

Answer 16

A non-legal rule; a rule of conduct or behaviour.

They have historical authority, based on custom and precedent.

Question 17

What is the Works of Constitutional authority

Answer 17

Authors who are cleared to be authorities on constitutional issues.
These works help to define what is constitutionally ‘proper’ or ‘correct’ but they are not legally enforceable. It is needed because;
Thee are many gaps and confusion in the UK’s unodifed constitution, with in particular conventions, uncertainty about how general rules and principles should be applied in practice.
Carry out the work of interpretation.
Walter Bagehot’s - The English constitution.

Question 18

Explain the EU Law and Treaties within the UK constitution

Answer 18

After joining in 1973, the UK became subject to EU laws and treaties.
European bodies have grown in importance.
EU laws takes precedence of UK law
Doctrine of Supremacy

Question 19

What is Parliamentary sovereignty?

Answer 19

Absolute and unlimited legal authority of Parliament, reflected in tits ability to make, aimed or repeal any law it wishes. Main features;
Absence of higher law
The supremacy of statue law or other forms of law
No parliament can bind its successors.
The absence of rival legislatures.

Question 20

What are the constraints on Parliamentary sovereignty?

Answer 20

Powerful pressure group, especially by moor business interests
Public opinion, party laity electoral pressures X
The views of major trading partners, e.g USA
EU, WT0 and the UN.

Question 21

What is popular sovereignty?

Answer 21

The principle that supreme authority is vested In the people directly, rather an in a representative institution.

Question 22

What is the Rule of Law?

Answer 22

Even in the absence of higher law, government is still subject to legal checks and constraints. Government is not above the law.

Question 23

Explain Parliamentary government

Answer 23

Parliamentary government - Government and Parliament are overlapping and interlocking institutions. Government governs n and through Parliament.

Question 24

Explain the Constittional Monarchy in the principles of the Uk constitution

Answer 24

According to Bagehot's ,the monarch has the right to be; 
Informed 
Consulted 
To warn 
To encourage

Question 25

What are the strengths of the U.K. Constitution?

Answer 25

FLEXIBILITY; is easy to change because of the importance of statue law. Easier to introduce AOF than amended the US constitution. It is not entrenched. Remains relevant and up to date. Can adapt and change to political and social circumstances.
DEMOCRATIC RULE; Long period of unbroken democratic rule
EFFECTIVE GOV; Gov decisions that are asked by Parlimaen cannot be overturned by the judiciary.
The system of parliamentary gov usually mean that the gov gets their way in parliament
Concentration of power in the hands of the executive allows the UK go to take throng and decisive action.
HISTORY AND TRADITION; IT is based on tradition and custom, it links past generations with present generations. Grown into an Reaganism character. Has historical authority .

Question 26

What are the Crticisms of the U.K. Constitution

Answer 26

UNCERTAINTY; It is difficult to know what the constitution says. Confusion around the constitution rules.
ELECTIVE DICTATORSHIP; A constitional imbalance in which the execute owner is hacked only by the need of governments to win elections. The ability for gov to act in any way it pleases as long as it martinis control of the House of Commons.
CENTRALIZATION; over centralised system of government with weak or ineffective checks and balances. PM dominates the cabinet. H OF C more powerful than the H o L. Executive usually controls parliament. Central gov control local gov.
WEAK PROTECTION OF RIGHTS; Weak protection for individual rights and civil liberties.

Question 27

What were the key constitutional reforms mapped out by Cameron and Clegg?

Answer 27

Electoral reforms of the H of C. Lib Dem ideally anted STV but had to settle for AV as the Con were committed to sticking with FPTP.
LORDS REFORM; Both parties committed to a large or entirely elected H of L.
BIills of Rights and the Judiciary; Con committed to replacing the HRA with a British Bill of Rights, Lib Dem wanted an entrenched Bill of Rights.
DEVOLUTION; Both committed to the devolutio. Gave welsh people a referendum on further Welsh devolution marks