The constitution

Question 1

Sources of the UK constitution

Answer 1

Statute law
Common law
Conventions
Authoritative works
EU law

Question 2

Principles underpinning the UK constitution

Answer 2

Parliamentary sovereignty
The rule of law
A unitary state
Parliamentary government under a constitutional monarchy

Question 3

Strengths of the UK constitution

Answer 3

Adaptable
Provides for strong government (parliamentary sovereignty)
Makes government accountable

Question 4

Weaknesses of the UK constitution

Answer 4

Outdated
Concentrates power - “elective dictatorship”
Lacks clarity

Question 5

Features of New Labour’s constitutional reforms

Answer 5

Modernisation
Judiciary
Devolution
Rights

Question 6

Features of a codified constitution

Answer 6

Single authoritative document
Superior to all other law
Entrenched
Used by courts to determine constitutionality of actions of other key players

Question 7

Features of an uncodified constitution

Answer 7

Found in a number of sources
Same statues as regular statute
Not entrenched
Judicial review limited as a result of lack of single authoritative document

Question 8

Authoritative works

Answer 8

Erskine May (parliamentary practice) - 1844

Question 9

Statute laws

Answer 9

Parliament Acts (1911 and 1949)

Question 10

Example of a convention

Answer 10

The monarch giving their assent to Acts of Parliament

Question 11

What established EU law’s precedence over UK law?

Answer 11

Treaty of Rome (1958)

Question 12

Which interconnected propositions is parliamentary sovereignty constructed around?

Answer 12

Parliament can legislate on any subject of its choosing
Legislation can not be overturned by any higher authority
No parliament can bind its successors

Question 13

What does the rule of law do?

Answer 13

Defines the relationship between the state and its citizens, ensuring that state action is limited and responsible.

Question 14

Main strands of the rule of law

Answer 14

No one can be punished without trial
No one is above the law
Constitutional principles result from common law rather than statute law

Question 15

Labour’s constitutional reforms (modernisation)

Answer 15

House of Lords Act (1999) abolished the rights of all but 92 hereditary peers to sit and vote in the upper house
Other limited and insignificant changes, such as making changes to PMQs and the working hours of the Commons

Question 16

Constitutional reform made under the coalition

Answer 16

Fixed-term Parliaments Act (2011)
The Protection of Freedoms Act (2012)
House of Lords Reform Act (2014)

Question 17

Pro codified constitution for the UK

Answer 17

Would provide greater clarity on what is / is not constitutional
Would provide the rights of citizens with further protection
Would tackle the centralisation of power (“elective dictatorship”) by setting limits on the power of the executive
Would educate citizens about the values and workings of the political system, promoting constitutional values amongst them
Would provide an authoritative reference point for the courts

Question 18

Anti codified constitution for the UK

Answer 18

Would remove flexibility and adaptability
Would place too much power in the hands of unelected judges
Not compatible with notion of parliamentary sovereignty
Lack of popular demand for it

Question 19

Aims of further constitutional reform

Answer 19

Delivering fair representation
Encouraging active participation and engagement
Providing good governance

Question 20

How can further constitutional reform encourage active participation and engagement?

Answer 20

Simplifying voter registration
Lowering the voting age to 16
Making wider use of e-democracy
Opening up candidate selection

Question 21

How can further constitutional reform deliver fair representation?

Answer 21

Electoral reform

Redrawing electoral districts

Question 22

How can further constitutional reform provide for good governance?

Answer 22

Complete Lords reform
Modernising the Commons
Enhancing local democracy

Question 23

Constitution

Answer 23

A set of rules determining where sovereignty lies in a political system, and establishing the relationship between the government and the governed.

Question 24

Unentrenched

Answer 24

A constitution with no special procedure for amendment

Question 25

Parliamentary sovereignty

Answer 25

The principle that Parliament can make, amend or unmake any law, and cannot bind its successors.

Question 26

The rule of law

Answer 26

The principle that all people and bodies must follow the law and can be held accountable if they do not

Question 27

Statute law

Answer 27

Law passed by Parliament

Question 28

Common Law

Answer 28

Law made by judges

Question 29

Conventions

Answer 29

Traditions not contained in law but influential in the operation of a political system

Question 30

Authoritative works

Answer 30

Works written by experts describing how a political system is run
Not legally binding but are taken as significant guides

Question 31

New Labour’s constitutional reforms (judiciary)

Answer 31

Constitutional Reform Act (2005)
Created a Supreme Court, which acted as the UK’s highest court
Removed the judicial role of the House of Lords and in turn reduced the importance of the Lord Chancellor

Question 32

New Labour’s constitutional reforms (Devolution)

Answer 32

Scotland - Primary legislative and tax raising powers
Northern Ireland - Primary legislative powers
Wales - Secondary legislative powers
Directly elected mayor in London and a London assembly

Question 33

New Labour’s constitutional reforms (Rights)

Answer 33

Human Rights Act (1998) - Enshrined most of the provisions of the European Convention on Human Rights in UK law
The Freedom of Information Act (2000) - Gave greater access to information held by public bodies