The constitution

Question 1

What is a constitution?

Answer 1

The laws, rules and practises which determine the institutions of state, and the relationship between the state and its citizens

Question 2

Define sovereignty

Answer 2

Legal supremacy or absolute law making authority

Question 3

What makes the British constitution highly unusual?

Answer 3

It is uncodified

Question 4

Why is the UK constitution considered uncodified?

Answer 4

The major principles of the political system can not be found in a single authoritative document. Instead, they are located in various acts of parliament, decision of courts and conventions

Question 5

What are the implications of the UK constitution?

Answer 5

• The constitution does not have the status of higher or fundamental law - it has the same status as other laws made by the legislature
• There are no special procedures for amending the constitution - it can be amended by acts of parliament in the same way as other laws
• Parliament determines what is acceptable under the constitution, rather than any kind of constitutional court
• There is no definitive criterion for what is unconstitutional

Question 6

What does parliamentary sovereignty mean?

Answer 6

It states that Westminster parliament is the supreme law making body

Question 7

Why can parliament legislate on any subject of its choosing?

Answer 7

There are no constitutional restrictions on the scope of parliaments legislative authority

Question 8

Why can legislation not be overturned by any higher authority?

Answer 8

The courts cannot strike down any statute as unconstitutional

Question 9

Why can no parliament bind its successors?

Answer 9

All legislation is of equal status; legislation that brings about major constitutional change has the same status as other legislation. It is not entrenched; one piece of legislation can be amended just the same as any other

Question 10

Define legitimacy

Answer 10

Rightfulness; a political system is legitimate when it is based on the consent of the people and actions follow from agreed laws and procedures

Question 11

Why is parliamentary sovereignty in practise different to parliamentary sovereignty in theory?

Answer 11

Executive dominance of the legislature, means that the government, rather than the house of commons, holds sovereignty

Question 12

Name the four key recent developments that have challenged parliamentary soverieignty

Answer 12

• EU membership
• HRA
• Increased use of referendums
• Devolution

Question 13

Define referendum

Answer 13

A vote on a single issue put to a public ballot by the government

Question 14

Who had precedence over British domestic law between 1973 and 2020?

Answer 14

The EU; this meant that in a conflict between the two, EU law had to be applied

Question 15

Why did EU membership come as a challenge to parliamentary sovereignty?

Answer 15

Because there was now a higher authority that could overturn acts of parliament

Question 16

Why did parliament still retain ultimate decision making authority while a part of the EU?

Answer 16

Because it could decide to leave the EU

Question 17

Why is the idea of parliamentary sovereignty still questionable, even after exiting the EU?

Answer 17

Cross border challenges like migration and climate change cannot be tackled effectively by one nation state in isolation

Question 18

What did the HRA do?

Answer 18

Incorporated the rights set out in the ECHR into UK statute law. This meant that all new legislation had to be compatible with these rights

Question 19

Why did parliament still remain an element of sovereignty after the HRA was passed?

Answer 19

The courts could not automatically strike down laws; if they find legislation to be incompatible with the act, it is for parliament to decide whether or not to launch the appeal

Question 20

What have Holyrood, Senedd and Stormont all been given by devolution?

Answer 20

Primary legislative authority on devolved matters, like education and health

Question 21

How did UK parliament retain its sovereignty in spite of devolution?

Answer 21

Even though they could no longer legislate on areas such as education and health, they still have sole authority over ‘reserved matters’ like the UK economy, foreign policy and the constitution

Question 22

What did the 2016 Scotland Act state?

Answer 22

That Scottish parliament and government are permanent institutions that cannot be abolished without the approval of a referendum

Question 23

Why did many see the Scotland Act as an unnecessary piece of legislation?

Answer 23

Because Westminster would already face enormous difficulties if it attempted to remove these bodies without their consent

Question 24

What three constitutional issues have referendums been recently used to settle?

Answer 24

• EU membership
• Devolution
• Electoral reform

Question 25

What kind of shift does the increased use of referendums represent?

Answer 25

A shift away from parliamentary sovereignty and towards popular sovereignty

Question 26

Why is it incidental that referendums are advisory rather than binding in practise?

Answer 26

Because the legitimacy of parliament would be damaged if it ignored the result of referendums