The Constitution

Question 1

Constitution?

Answer 1

Set of fundamental rules which defines how a country is governed

Question 2

Thomas Paine on Constitution ?

Answer 2

“Government without a Constitution is Power without Right”

Question 3

What does a constitution do ?

Answer 3

• Establishes duties of gov institutions
• rRegulates relations between state and individual
• Determines power distribution
• Establishes citizenship
• Outlines individual rights

Question 4

Codified Constitution ?

Answer 4

Arranged into one document (USA)

Question 5

Uncodified Constitution ?

Answer 5

Where the constitution is pulled from multiple sources and document (UK)

Question 6

Positives of Codified Constitution ?

Answer 6

+ Authoritative
+ Easy to follow
+ Rigid - Cannot be argued
+ Allows for citizens to know their rights

Question 7

Negatives of Codified Constitution ?

Answer 7

• ## Hard to make changes

Question 8

Positives of Uncodified Constitution ?

Answer 8

+ Gives more power to judges
+ Easily altered

Question 9

Negatives of Uncodified Constitution ?

Answer 9

• Hard to follow
• Subject to debate
• Likely to be questioned

Question 10

What makes up UK Constitution?

Answer 10

• Statute Law
• Common Law
• EU Treaties & Law
• Conventions
• Authoritative Works

Question 11

What is Statute law ?

Answer 11

Laws passed by acts in parliament

Question 12

What is Common law ?

Answer 12

Laws formed on precedent based on previous judicial decisions

Question 13

What are EU Laws & Treaties ?

Answer 13

Any laws passed while in EU still stand but any new do not apply

Question 14

What are Conventions ?

Answer 14

Rules by traditions over time (not legally binding)

Question 15

What are Authoritative Works ?

Answer 15

Sources of guidance written in past that are widely recognised (Eg. A.V Dicey 1885)

Question 16

What is The Magna Carta (1215) ?

Answer 16

Signed by King John :
Limits power of the monarch - They cannot raise taxes without public consent
Everyone has the right to a fair trial

Question 17

What is the Bill of Rights (1689) ?

Answer 17

Glorious revolution put William of Orange in charge and he signed :
- King cant interfere with parliament
- Parliament is sovreign
- Parliament sits on regular basis

Question 18

What is the Act of Settlement (1701) ?

Answer 18

Parliament refused a Catholic heir to William III so they appointed George of Hanover and :
- Parliament can choose the monarch
- Judges cant be removed by King
- Monarch cant take country to war
- Monarch spoke with Privy Council

Question 19

What is the Act of Union (1707) ?

Answer 19

Meant Scottish parliament was dissolved and Westminster took over until it was given devolved power in 1999

Question 20

What is the Parliament Act (1911) ?

Answer 20

Confirmed the Commons had power over the Lords :
- Only Commons decide on money bills
- Lords can only delay a bill
- Election every 5 years not 7

Question 21

What is the Parliament Act (1949) ?

Answer 21

• Lords can only block legislation for a year not 2
• Any majority gov can bypass the Lords
• Introduced Elective Dictatorship ???

Question 22

What is the European Communities Act (1972) ?

Answer 22

EU laws become British laws :
- EU laws took priority
- If a clash, British law struck down
- Degraded Parliamentary Sovereignty

Question 23

What is EU Withdrawal Bill ?

Answer 23

• Revokes the 1972 Act to leave EU as of March 2019
• All EU laws from while we were a memeber still stand but new ones don’t apply