The Constitution

Question 1

What is entrenchment?

Answer 1

Constitutional laws are protected from change

Question 2

Is the UK entrenched?

Answer 2

NO! There is no entrenchment in the UK

Question 3

Is the US entrenched?

Answer 3

YES! The is entrenchment in the US

Question 4

What is an Uncodified Constitution?

Answer 4

Not all laws are together in one document

Question 5

What is a Codified Constitution?

Answer 5

Laws are set out in a single document

Question 6

Laws in the US due to its codified constitution are difficult to…

Answer 6

amend or remove (are ‘the highest law of the land’)

Question 7

What is Statute Law?

Answer 7

Laws passed by Parliament. They are sovereign because Parliament is. MOST SIGNIFICANT SOURCE IN THE UK CONSTITUTION

Question 8

What is an example of a statute law?

Answer 8

The Freedom of Information Act (2000).
So has legal standing

Question 9

What are Works of Authority/ Authoritative Works?

Answer 9

Books written to help explain the workings of the UK’s uncodified and complicated constitutional arrangements.

Question 10

Do works of authority have legal standing?

Answer 10

Not binding but are strong guidance. Are now considered part of the constitution as they’re vital to our understanding - words of advice.

Question 11

What is an example of a work of authority?

Answer 11

Erskine May’s parliamentary Practice (1844)

Question 12

What is Common Law (and case law)?

Answer 12

Judges make decisions based on long-established practices. All similar cases are treated in the same way once the senior judiciary has decided on a case (principle of procedures)

Question 13

Does Common Law have legal standing?

Answer 13

Yes, has equal authority to Statute Law

Question 14

What is an example of Common Law?

Answer 14

Prerogative powers (and snails & ginger beer)

Question 15

Pro and Con of Common Law

Answer 15

Pro - Take some law-making pressure off of Parliament
Con - Slow, reactive rather than proactive

Question 16

What are Conventions?

Answer 16

Not laws but traditions and customs (enforced on a political person)

Question 17

Do Conventions have legal standing?

Answer 17

Not binding but are strong guidance (words of advice)

Question 18

What is an example of a Convention?

Answer 18

A PM resigning after losing an election

Question 19

Is the UK constitution flexible or rigid?

Answer 19

Flexible (change without a lengthy process)

Question 20

Is the US constitution flexible or rigid?

Answer 20

Rigid (an amendment requires a 2/3 majority vote in Congress)

Question 21

Is the UK judiciable or non-judiciable?

Answer 21

Non-judiciable (Judges can’t challenge Parliaments ability to make or amend Statute Laws)

Question 22

Is the US judiciable or non-judiciable?

Answer 22

Un-judiciable - a constitutional court decides if government action or laws passed by the legislature are ‘Constitutional’

Question 23

Constitutional changes - 1998 (1)

Answer 23

House of Lords Reform - Abolition of all but 92 hereditary peers

Question 24

Constitutional changes - 1998 (2)

Answer 24

Human Rights Act - Bill of Rights

Question 25

Constitutional changes - 2000

Answer 25

Freedom of Information Act - the ‘right to know’ (public access to any government department held documents)

Question 26

Constitutional changes - 2011

Answer 26

Fixed Term Parliament Act - elections to be held every 5 years

Question 27

What does the UK’s unentrenchment mean through its uncodified constitution?

Answer 27

Can be altered relatively easily, by a simple majority vote in Parliament (no special legal procedure). All laws have legal status

Question 28

What does the US’s entrenchment mean through its codified constitution?

Answer 28

Has a higher status than ordinary laws

Question 29

Is the US unitary or federal?

Answer 29

It is federal - authority is constitutionally divided between various regions.

Question 30

Is the UK unitary or federal?

Answer 30

It is unitary (‘Union state’) - sovereignty has traditionally been located at the centre, with the component parts of the country (England, Scotland, Wales and NI) and are all run from London, being treated in a similar way

Question 31

Parliaments power over its unitary state

Answer 31

The distribution of power between the central and regional governments of the UK can still be altered by act of Parliament

Question 32

What is the rule of law?

Answer 32

The idea that the actions of the state are limited by law - this is argued to be the main way in which the rights and liberties of citizens are protected

Question 33

Why is it important to respect the rule of law?

Answer 33

It acts as a check on parliamentary sovereignty (however in theory this may take away the people’s liberty)

Question 34

Under the rule of law…

Answer 34

• Everyone is entitled to a fair trial
• All citizens must obey the law and are equal under it
• The judiciary must be independent of political interference

Question 35

What is EVEL?

Answer 35

English Votes For English Laws

Question 36

Is the UK evolutionary or revolutionary?

Answer 36

Evolutionary - Has evolved over centuries

Question 37

Is the US evolutionary or revolutionary?

Answer 37

Revolutionary - systems are usually carefully and clearly designed to ensure all aspects of democracy are included from the beginning

Question 38

Reasons for a reform of the HoL:

Answer 38

• Full or partial election would raise legitimacy of the second chamber.
• Might create a balance against the power of the Commons.
• Reducing the size would make it more effective.

Question 39

Reasons against a reform of the HoL

Answer 39

• May challenge the authority of the Commons.
• The current chamber works well.
• Since 1999, the Lords has proved to be a useful check on the executive-dominated Commons. If elected, less likely to hold Commons to account

Question 40

Who introduced the Fixed Terms Parliament Act and when?

Answer 40

Cameron in 2011
Removed the PM’s power to choose the date of a general election

Question 41

Devolution (solve the issue of asymmetrical devolution)

Answer 41

English devolution would reduce Westminster sovereignty but provide means to deal with local issues
- 1998 Scotland Act (takes power away from the PM)

Question 42

The transfer of Westminster’s power to elected, sub-national governments has led to…

Answer 42

a raft of different legislation emanating from these new bodies. For instance, Scottish and Welsh students have their university tuitions fees covered

Question 43

What’s the West-Lothian Question?

Answer 43

Question raised during devolution debates of whether MPs from N. Ireland, Scotland & Wales, should be able to vote on matters only affecting England