The Law of Constitution

Question 1

What is a constitution?

Answer 1

A set of principles and rules by which a country is organised

Question 2

What are the main characteristics of the British constitution?

Answer 2

Unwritten
Monarchical
Flexible
Unitary

Question 3

What comprises the state?

Answer 3

Monarch
Government (Executive)
Parliament (Legislative)
Courts (Judiciary)
Citizens

Question 4

The Monarch

Answer 4

The formal head of state and of devolved governments (Scotland, Northern Ireland and Wales)
Head of armed forces
Head of the Church of England
Immune from prosecution

Question 5

The Government

Answer 5

Prime Minister
Cabinet
Government departments
Lord Chancellor (holds cabinet post)
Civil servants

Question 6

What role does the Government have?

Answer 6

Formulate policy (manifesto)
Initiate policy
Introduce legislation to Parliament

Question 7

Parliament

Answer 7

The Crown
House of Commons (democratically elected MPs)
House of Lords (unelected)

Question 8

What role does the Parliament have?

Answer 8

Make legislation
Debate
Check on government

Question 9

What role does the House of Commons have?

Answer 9

Scrutinise Government action
Hold the Government accountable
Hold individual ministers accountable
Legislating
MPs to represent their constituents

Question 10

What role does the House of Lords have?

Answer 10

Debate legislation proposed by the House of Commons
Debate Legislation
Check on government

Question 11

Judiciary

Answer 11

The courts (Supreme Court being the highest court in the UK)
Lord Chief Justice (head of judiciary)
Lord Chancellor
Attorney General

Question 12

What role does the Judiciary have?

Answer 12

Apply legislation made by Parliament
Interpret legislation
Make law (case law, precedent)
Check and balance Parliament and Executive

Question 13

Citizens

Answer 13

Civic/constitutional duties (jury service)
Civic/constitutional rights (right to vote)
Enjoyment of fundamental rights and freedom (right to life; right to a fair trial)

Question 14

Rule of Law

Answer 14

Set of unwritten constitutional doctrines
Set of non-legally binding principles
Not enforceable in the courts but widely used

Question 15

Characteristics of Rule of Law

Answer 15

Prevents the abuse of state power, requires the law to be followed by all, and ensures that legal rights are fulfilled in practice.
Everyone given the right to personal liberty
No arbitrary punishments

Question 16

Doctrine of constitutionalism

Answer 16

The government’s authority is determined by a body of laws or constitution.
Parliaments & Governments must act legally
Those exercising power must be legally accountable

Question 17

What do both of these presume?

Answer 17

Both constitutionalism and the rule of law presume that state institutions (in particular Parliament) act in “good faith”