The Constitution

Question 1

Give three sources of the constitution.

Answer 1

Source of the Constitution:

-Common law
-Statute law
-Conventions
-Authoritative works
-EU Law

Question 2

Give an example of common law.

Answer 2

Criminality of Murder

Question 3

Give an example of statute law.

Answer 3

Freedom of Information Act 2000

Question 4

Give an example of an authoritative work.

Answer 4

Authoritative works:

-A.V. Dicey’s ‘Introduction to the Study of the Constitution’. (1884)

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

Question 5

Give an example of a convention.

Answer 5

• Monarchy giving Royal Assent to legislation
  -War isn’t declared without a parliamentary vote
  -Collective responsibility

Question 6

Give three features of the UK constitution.

Answer 6

-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’ - e.g. European Communities Act 1972 - later reversed by European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020

-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 7

Give three constitutional reforms since 2010.

Answer 7

Fixed-Term Parliaments Act 2011:
Established a pattern of general elections every 5 years.

Scotland Act 2012:
This gave Scottish Parliament the power to vary income tax as well as further powers.

Protection of Freedoms Act 2012:
Ensured better scrutiny of the security services and on data collection.

Question 8

New Labour Reforms.

Answer 8

Devolution Act 1999:
Governing power was devolved to the rest of the UK, although mostly to Scotland.

Human Rights Act 1998:
Enhanced rights for citizens, protecting them from the state.

Freedom of Information Act 2000:
Greater access to information and public records.

Question 9

Key Historical Developments

Answer 9

Bill of Rights 1689:
-Created the notion of Parliamentary sovereignty
-Parliament must meet frequently
-Elections must be free and fair.

Parliament Acts 1911/49:
-Prevents the delay of money bills
-Limits stalling to 1 year

European Communities Act 1972:
-Made EU law superior to UK law
-Limits Parliamentary Sovreignty