The Constitution

Question 1

What is a constitution

Answer 1

Seek to establish the duties powers and functions of the various institutions of governments

Regulate the relationships between and among the institutions

Question 2

What is a codified constitution

Answer 2

A constitution in which key constitutional provisions are collected together within a single legal document

Question 3

Three features of codified constitutions

Answer 3

Authoritative - constitutes higher law

Entrenched

Judiciable

Question 4

What is an uncodified constitution

Answer 4

A constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document

Question 5

What is a unitary constitution

Answer 5

A constitution that concentrates sovereign power in a single body of national government

Question 6

What is a federal constitution

Answer 6

A constitution that is based on the principle of shared sovereignty

Question 7

What is royal prerogative

Answer 7

The body of powers, immunities and privileges that are recognised in common law as belonging to the crown

These powers are now more commonly exercised by ministers than by the monarch

Question 8

How can codified constitutions be flexible

Answer 8

Judicial interpretation - the U.S. Constitution means whatever the justices of the Supreme Court says it means

Question 9

How can an uncodified constitution be rigid

Answer 9

Some aspects of the Uks constitution have remained remarkably resistant to change. Eg parlientary sovereignty and royal prerogative

Question 10

What are the sources of the constitution

Answer 10

Statute law
Common law
Conventions
Works of constitutional authority
European law and treaties

Question 11

Examples of statute law

Answer 11

Scotland act 1998- established Scottish Parliament
Human rights act 1998
House of Lords act 1999 - excluded all but 92 hereditary peers

Question 12

What is common law

Answer 12

A body of laws that are based on tradition, custom and precedent

Question 13

What constitutional laws are based on common law

Answer 13

Royal prerogative

Traditional rights and freedoms

Question 14

What are conventions

Answer 14

Non legal rules, a rule of conduct or behaviour

Question 15

Examples of constitutional conventions

Answer 15

Exercise of crown powers

Appointing of pm

Question 16

Principles of the constitution

Answer 16

Parliamentary sovereignty 
Rule of law
Parliamentary government 
Constitutional monarchy
EU membership

Question 17

What is sovereignty

Answer 17

The principle of absolute and unlimited power

Question 18

Constrains on sovereignty

Answer 18

Powerful pressure groups

Public opinion

Policies of international organisations

Question 19

Problems with sovereignty

Answer 19

Parliament is not completely sovereign

Shift from parloemtary sovereignty to popular sovereignty

Parliament may not legally be sovereign anymore

Question 20

What is the rule of law

Answer 20

The principle that the law should rule in the sense that it applies to all conduct or behaviour and covers both private citizens and public officials

Question 21

Strengths of the UK constitution

Answer 21

Flexible
Democratic rule
Effective government
History and tradition

Question 22

Criticisms of UK constitution

Answer 22

Uncertainty
Elective dictatorship
Centralisation
Weak protection of rights

Question 23

How. Does the UK have elective dictatorship

Answer 23

The absence of a codified constitution means that parliament has sovereign power

Fptp means that the House of Commons is dominated by a single party

Tight party discipline

Question 24

Problems with changing to a codified constitution

Answer 24

There is no process through which a written constitution could be introduced

The major parties disagree about the nature and the content of the constitution

Question 25

Reasons for a codified constitution

Answer 25

Clear rules
Limited government 
Neutral interpretation
Protecting rights
Education

Question 26

Arguments against having a codified constitution

Answer 26

Rigidity
Judicial tyranny
Legalistic 
Political bias
Unnecessary