The Constitution Of The United Kingdom

Question 1

What does it mean that the British constitution is unitary?

Answer 1

This means that the Westminster Parliament is the ultimate supreme law making body, unlike in the United States of America parliament has ultimate sovereignty over all the areas and countries of the United Kingdom

Question 2

Who is the head of the British state?

Answer 2

His Majesty, the King

Question 3

Is the constitution of the United Kingdom flexible?

Answer 3

Yes

Question 4

Does the British constitution have a formal or an informal separation of powers?

Answer 4

The British constitution has an informal separation of powers - there is an overlap between the different power sources in the UK - members of the government are also members of parliament

Question 5

What does the principle of the rule of law mean in the context of the UK constitution?

Answer 5

Law must be clear, certain and accessible

The government must act within the law under must not be an arbitrary use of powers - law must be passed properly using a set procedure and laws must not be retrospective

Equality before the law means equal access and equal treatment under the law

The judiciary must be independent and impartial

Question 6

Is the UK a party based democracy?

Answer 6

Yes

Question 7

Is the UK a constitutional monarchy?

Answer 7

Yes

Question 8

What is the role of the monarch in the UK system?

Answer 8

He is there to consult, warn and advise - the Prime Minister sees the King every week for a private meeting and the King and the heir to the throne receive Government papers to review

Question 9

What are the three bodies of the constitution?

Answer 9

The legislature, executive and judiciary

Parliament ( legislature) makes the law - made up of the king, the House of Commons and the House of Lords

Executive - government - implements the law (enforced it) and introduces most draft laws to parliament to pass. Made up of prime minister, other ministers, the civil service, the police and the armed forces

Judiciary - resolves disputes over the law and enforces it

Question 10

What is the main feature of the UK constitution in relation to the three bodies?

Answer 10

That there is an overlap between the three bodies - there is not a strict separation of powers in the UK: for example, members of the Government (the Prime Minister) also sits in Parliament

Question 11

What is the main exception to the rule that the 3 features of the UK constitution overlap?

Answer 11

The Constitutional Reform Act 2005, which separated the judiciary from Parliament and Government to create a better balance of powers: judges no longer sit in the House of Lords and a separate Supreme Court was established, the head of the judiciary became independent (the lord chief justice) and the powers of the lord chancellor (a government minister) were reduced, and a Judicial Appointments Commission was established to independently appoint judges

Question 12

Does parliament have to follow international law?

Answer 12

No - it can do as it pleases but there is a strong presumption in the courts when interpreting Acts of Parliament that the UK will follow international law

Question 13

What does the judiciary do

Answer 13

Resolves disputes over the law and enforces the law

Question 14

Can parliament make any law

Answer 14

Yes literally any law but courts can find unlawful powers exercised under an act on the basis that they are an affront to constitutional principles but not the actual act itself

Question 15

What act first guaranteed the rights of individuals (like trials by jury) and the government must rule according to the law and consent of the governed

Answer 15

The Magna Carta 1215

Question 16

What Act made Wales part of England’s territory and law (hence when you become a solicitor, you qualify as a solicitor of England and Wales)

Answer 16

Law in Wales Acts 1535 - 1542

Question 17

What Act limited the powers of the crown and strengthened parliament?

Answer 17

Bill of Rights 1689

Question 18

What Act United Scotland and England, made Westminster Parliament supreme over Scotland?

Answer 18

Acts of Union 1706-7

Question 19

What Act brought in democratic reforms?

Answer 19

Reform Act 1832

Question 20

What Act established that the commons can pass a law without the permission of the lords and strengthened the power of the commons

Answer 20

Parliament Acts 1911 and 1949

Question 21

What Act strengthened individual liberties against the police?

Answer 21

The Police and Criminal Evidence Act 1986

Question 22

What Act limits peoples rights to protest?

Answer 22

Public Order Act 1986

Question 23

What Act incorporated the ECHR into domestic law

Answer 23

The Human Rights Act 1998

Question 24

What did the Acts of devolution do?

Answer 24

Created parliaments and assemblies in the nations of the UK

Question 25

What did the Constitutional Reform Act 2005 do?

Answer 25

It created the Supreme Court and a new body to appoint Judges (Judicial Appointments Commission)

Question 26

What Act does it mean that the UK formally leaves the EU and that EU law is no longer supreme?

Answer 26

The European Union (Withdrawal Act) 2018

Question 27

What Act incorporates the Brexit withdrawal agreement into UK law

Answer 27

The European Union (Withdrawal Agreement) Act 2020

Question 28

What Act implements the EU-UK Trade and Cooperation Agreement into UK law?

Answer 28

European Union (Future Relationship) Act 2020

Question 29

What is Habeas Corpus

Answer 29

Everyone has the right to a fair trial if charged with a crime (also Article 6 ECHR)

Question 30

Can judicial decisions on how to read an act of parliament can itself make law from that Act

Answer 30

Yes

Question 31

Can the UKSC stop a decision of the government in order to protect the supremacy of parliament

Answer 31

Yes - Miller

Question 32

Why are the two ways the government derives its powers to make decisions?

Answer 32

1) Acts of Parliament and
2) The royal prerogative

Question 33

What is the royal prerogative ?

Answer 33

It is what’s left of the Monarch’s arbitrary, absolute powers with which the Crown was able to act without having to get the consent of parliament - most are gone but parliament can still use the few that are left

Question 34

While there are a couple of retained prerogative powers, does the King technically use these?

Answer 34

Technically the King can still use these powers but in practice, the Prime Minister or Government exercises them on his behalf (and he can’t exercise them himself - this is due to convention)

Question 35

Why are the two main prerogative powers?

Answer 35

Foreign affairs and domestic affairs

Question 36

What are the prerogative powers the government can exercise in relation to foreign affairs?

Answer 36

Signing treaties (modified and amended by the Constitutional Reform and Governance Act 2010 but that Act still preserves the royal prerogative to enter treaties without Parliaments consent), declaring war, recognising a foreign state, deployment of UK armed forces (including air force on bombing campaigns) and conduct during a war to maintain the King’s peace (including expelling the country if they are suspected of being spies

Question 37

What are the main prerogative powers in relation to domestic affairs?

Answer 37

Summoning parliament, dissolving parliament (for an election), the appointment of the Prime Minister/ministers (the ‘cabinet reshuffle’)