The Constitution

Question 1

Give three sources of the constitution.

Answer 1

Source of the Constitution:

• Common law
• Statute law
• Conventions
• Authoritative works

Question 2

Give an example of common law.

Answer 2

R (Miller) v. The Prime Minister - prorogation of parliament was ultra vires.
(Legal precedence)

Question 3

Give an example of statute law.

Answer 3

Freedom of Information Act 2000 - public information requests.

Question 4

Give an example of an authoritative work.

Answer 4

Authoritative works:

• Walter Bagehot’s ‘The English Constitution’. - distinguished between ‘dignified’ and ‘effective’ sections of the constitution.

Question 5

Give an example of a constitutional convention.

Answer 5

Constitutional Conventions:

• Individual Ministerial Responsibility - Ministers should resign due to departmental failure. E.g. David Blunkett 2004 regarding visa scandal.
• Collective ministerial responsibility - ministers should publicly agree with cabinet decisions or resign - E.g. ** BJ resigning over Brexit withdrawal agreement in 2018.**

Question 6

Give an advantage of a codified constitution.

Answer 6

Advantages:
✔ No concentration of power - e.g. Thatcher and Blair’s controversial policies passed with little hinderance (Poll tax/Iraq War).

✔ Prevent ‘elected dictatorship’ - providing checks and balances.

✔️ greater protection of rights

Question 7

Give a disadvantage of a codified constitution.

Answer 7

Disadvantages:
❌ Reflect the mood of the time - zeitgeist

❌ Difficult to amend - e.g. Brexit would be even more difficult.

❌ Who would create it?

Question 8

Give three constitutional reforms in the UK since 1997.

Answer 8

Constitutional Reforms since 1997:

• Freedom of Information Act 2000 - drew attention in the 2009 expenses scandal
• Constitutional Reform Act 2005 - created the separate Supreme Court in 2009 - s.3 - ‘must uphold the maintained independence of the judiciary’
• Human Rights Act 1998 - e.g. s.12 places emphasis on journalistic expression - upholds a freer press

Question 9

Give three features of the UK constitution.

Answer 9

• Uncodified - no single authoritative document - unitary - most power lies within the centre - unlike the US constitution were power is divided in a federal system - though this unity has been challenged by devolution - UK constitution is ‘quasi-federal’.
• Parliamentary sovereignty - parliament has the final say on the contents of the constitution - ‘no Parliament may bind it’s successor’
• Operates under the ‘rule of law’ - law applies equally to everyone, including those who make the law - significant as ministers may be found ‘ultra vires’ - e.g. R (Miller) v. Prime Minister - party gate scandal 2021 has challenged the enforceability of the Rule of Law.

Question 10

Give three ways the UK constitution protects human/civil rights.

Answer 10

1. statute law
2. common law
3. international treaties