The Constitution and Conventions

Question 1

What is the difference between a federal and a unitary state?

Answer 1

In a federal state, government powers are divided between central and regional government. In a unitary state, government powers are concentrated in central government.

Question 2

Is any of the UK constitution legally enforceable?

Answer 2

Yes, most of the constitution is contained in Acts of Parliament.

Question 3

Which of the following is correct? The royal prerogative:
a) allows the King to govern the country
b) allows the government to govern in the King’s name
c) gives the royal family immunity from the law

Answer 3

b) allows the government to govern in the King’s name

Question 4

What are constitutional conventions?

Answer 4

Non-legal rules of the constitution

Question 5

What is a written or codified constitution?

Answer 5

A document with a special legal status that sets out the system of government and the collection of rules that establish and regulate it.

Question 6

Was there a legal requirement to hold a referendum in 2016 to ask voters if they wanted to leave the EU?

Answer 6

No, even though this was a constitutional Act of Parliament, there was no requirement to do this.

Question 7

Can the Prime Minister abolish the Scottish Parliament?

Answer 7

Legally, yes.

Question 8

What are the sources of the UK constitution?

Answer 8

• Acts of Parliament
• Case law
• The Royal Prerogative
• Historical Documents
• Law and customs of Parliament
• EU Law (retained)
• Constitutional theories.

Question 9

Can an English Court question an Act passed by Parliament?

Answer 9

No.

Question 10

What is the Royal Prerogative?

Answer 10

The remaining Royal Powers of government

Question 11

What is the Magna Carta 1215 significant for?

Answer 11

King John agreed that his powers were not unlimited and that his subjects did have certain rights. This provisions would not be enforceable today.

Question 12

What is The Bill of Rights 1689 significant for?

Answer 12

Gave Parliament supreme authority in England, not the King or Queen.

Question 13

What is Parliamentary Privilege?

Answer 13

Courts cannot rule on parliamentary procedure or anything said in parliament. Pickin v British Rail Board [1974]

Question 14

How does retained EU Law still have force in the UK?

Answer 14

Because there is an Act of Parliament allowing it to do so, but subsequent Acts may alter that.

Question 15

What are two constitutional theories?

Answer 15

Separation of Powers and The Rule of Law

Question 16

What is the Separation of Powers?

Answer 16

No one person or body should hold all the powers of government.

Question 17

What are the three main functions of government?

Answer 17

• Legislative (law making)
• Executive (law applying)
• Judicial (law enforcing)

Question 18

What are the three principles of the Rule of Law? And who developed this theory?

Answer 18

• All government actions should be authorised by the law.
• There should be equality before the law.
• The courts would protect individual liberty.

AV Dicey

Question 19

Where are conventions written down? Are they legally enforceable?

Answer 19

In the Ministerial Code. No legally enforceable as not Acts of Parliament. Not all conventions have been written down.

Question 20

What is the three stage test to determine the existence of a convention?

Answer 20

• Has the situation happed before and what happened?
• Did the people involved think that there was a rule that compelled them to act that way?
• Does the rule fit with the rest of the constitution?

Question 21

Can courts enforce conventions?

Answer 21

No, but they recognise their existence and conventions can influence judgements

Question 22

The government wants to repeal the Human Rights Act 1998. The [fictitious] Human Rights (Repeal) Bill has been passed by the Commons by a large majority. The House of Lords, however,
has rejected the Bill, also by a large majority.

Which of the following best describes the legal position in this case?

A. It is not possible to repeal the Human Rights Act 1998 because that would breach an international treaty, the European Convention on Human Rights.
B. The government must obtain royal assent.
C. The government must obtain consent from the House of Lords.
D. The government must pass the Bill through the Commons again.
E. The government must wait a year and then pass the Bill through the Commons again.

Answer 22

E. The government must wait a year and then pass the Bill through the Commons again.

Question 23

The Scottish Parliament votes to reduce the rate of income tax in that country. The UK government disagrees with this course of action.

Which of the following best describes the course of action the UK government can take to stop this?

A. Negotiate with the Scottish government.
B. Use the royal prerogative.
C. Nothing, the Scottish Parliament has the power to legislate on this subject.
D. Pass a UK Act of Parliament.
E. Order the Scottish government not to do this.

Answer 23

D. Pass a UK Act of Parliament.

Question 24

The Lord Chancellor is obligated by law to uphold the independence of the judiciary. A judge has been much criticised in the media for a controversial decision he has made. The Lord Chief
Justice (LCJ) wants the Lord Chancellor to defend the judge, but the Lord Chancellor declines.

What options are available to the Lord Chancellor?

A. The LCJ may seek a judicial review to compel the Lord Chancellor to act.
B. The LCJ may only seek to criticise the Lord Chancellor.
C. The LCJ can do nothing, as the Lord Chancellor is his constitutional superior.
D. The LCJ can do nothing, as the Lord Chancellor decides the meaning of an Act.
E. The LCJ can do nothing, as the obligation owed by the Lord Chancellor is too vague to enforce.

Answer 24

B. The LCJ may only seek to criticise the Lord Chancellor.

Question 25

A client who has been accused of speeding approaches a solicitor for legal advice. He is to be tried in the magistrates’ court for this alleged offence, but he claims that he has a constitutional
right under Magna Carta to trial by jury.

What advice should the solicitor give him?

A. Magna Carta has been repealed, so trial by jury is no longer guaranteed.
B. Magna Carta is a document with no legal effect.
C. Speeding is governed by road traffic legislation.
D. All constitutional rights are subject to exceptions.
E. The UK does not have a written constitution guaranteeing rights.

Answer 25

C. Speeding is governed by road traffic legislation.

Question 26

The Supreme Court has decided that a certain category of self-employed people are not liable to pay income tax. The government is concerned because there are thousands of people in this
category and there will be a major loss of tax revenue.

What is the best course of action that the government could take?

A. Appeal the decision to the Court of Justice of the EU.
B. Appeal the decision to the European Court of Human Rights.
C. Order the Justices of the Supreme Court to change their decision.
D. Use Parliament to pass an Act amending the tax law.
E. Accept the decision of the Supreme Court.

Answer 26

D. Use Parliament to pass an Act amending the tax law.