The natures and sources of British constitution

Question 1

What is a constitution?

Answer 1

A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.

Question 2

How do we evaluate a constitution?

Answer 2

We evaluate a constitution based on its effectiveness in protecting rights, promoting stability, enabling governance, reflecting the will of the people, and its adaptability to change.

Question 3

What are the general features of the British Constitution?

Answer 3

The British Constitution is uncodified, flexible, based on historical documents, parliamentary sovereignty, rule of law, and a combination of statutes, common law, and conventions.

Question 4

What are the main sources of the British Constitution?

Answer 4

The main sources include statute law, common law, conventions, works of authority, and treaties (e.g., EU law).

Question 5

What are the main milestones in the history and development of the British Constitution?

Answer 5

Key milestones include the Magna Carta (1215), the Bill of Rights (1689), the Acts of Union (1707), and significant reforms in the 19th and 20th centuries.

Question 6

What have been the main changes to the British Constitution since 1997, and how effective have they been?

Answer 6

Changes include devolution of powers to Scotland, Wales, and Northern Ireland, the Human Rights Act (1998), and reforms of the House of Lords. Their effectiveness is debated, with successes in decentralizing power but challenges in implementation.

Question 7

How well does the British Constitution and recent legislation protect citizens’ rights?

Answer 7

The Human Rights Act (1998) provides a framework for protecting rights, but the uncodified nature of the constitution can lead to ambiguities in enforcement and protection.

Question 8

What are the differences between individual and collective rights, and how can they both clash and coincide?

Answer 8

Individual rights protect personal freedoms, while collective rights safeguard group interests. They can clash when group rights infringe on individual freedoms or coincide when group actions support individual rights.

Question 9

What key points should be included in a constitution?

Answer 9

Key points include the structure of government, separation of powers, protection of rights, and processes for amendment.

Question 10

What are individual rights?

Answer 10

Individual rights are the liberties and privileges granted to individuals, often enshrined in law, such as freedom of speech and the right to privacy.

Question 11

What are collective rights?

Answer 11

Collective rights are held by a group rather than individuals, encompassing rights of communities, cultural groups, or social classes.

Question 12

What is sovereignty?

Answer 12

Sovereignty is the supreme authority within a territory, allowing a state to govern itself without external interference.

Question 13

What is the rule of law?

Answer 13

The rule of law is the principle that all individuals and institutions are subject to and accountable under the law, ensuring fairness and justice.

Question 14

Is the British Constitution codified or uncodified?

Answer 14

The British Constitution is uncodified, meaning it is not contained in a single written document.

Question 15

What is a codified constitution?

Answer 15

A codified constitution is a formal document that outlines the structure and principles of government, detailing rights and laws in a single text.

Question 16

What is an uncodified constitution?

Answer 16

An uncodified constitution consists of various statutes, conventions, legal precedents, and works that govern a country without being compiled in a single document.

Question 17

What are the features of a codified constitution?

Answer 17

Features include clarity, stability, higher law status, and a formal amendment process.

Question 18

What are the features of an uncodified constitution?

Answer 18

Features include flexibility, adaptability, reliance on conventions, and a mix of sources without a single authoritative text.

Question 19

What is parliamentary sovereignty?

Answer 19

Parliamentary sovereignty is the principle that Parliament has the supreme legal authority and can create or end any law without being challenged by any other body.

Question 20

What is statute law?

Answer 20

Statute law consists of laws enacted by Parliament, which are formally written and codified.

Question 21

What is common law?

Answer 21

Common law is law developed by judges through court decisions and legal precedents, rather than through legislative statutes.

Question 22

What is the royal prerogative?

Answer 22

The royal prerogative refers to the rights and privileges historically held by the monarch, now exercised by government ministers, such as issuing passports or appointing judges.

Question 23

What are conventions?

Answer 23

Conventions are unwritten practices and norms that are followed by the institutions of government, shaping how powers are exercised.

Question 24

What are works of authority?

Answer 24

Works of authority are texts that provide guidance on constitutional practices and principles, often used as references for constitutional interpretation.

Question 25

Explain the Magna Carta 1215.

Answer 25

The Magna Carta was a document signed by King John that limited the powers of the monarchy and laid the foundation for the rule of law and individual rights.

Question 26

How was the Magna Carta important to the development of the British Constitution?

Answer 26

It established the principle that everyone, including the king, is subject to the law, influencing future constitutional development and the protection of rights.

Question 27

What is the Bill of Rights 1689?

Answer 27

The Bill of Rights is an act of Parliament that outlines specific rights for citizens and limitations on the powers of the monarchy, laying the groundwork for modern democracy.

Question 28

What are the key terms of the Bill of Rights?

Answer 28

Key terms include the right to petition the monarch, free speech in Parliament, no taxation without representation, and the right to bear arms for self-defense.

Question 29

What is the Act of Settlement 1701?

Answer 29

The Act of Settlement established the line of succession to the English throne and laid out provisions for the independence of judges.

Question 30

How did the Act of Settlement contribute to British politics?

Answer 30

It ensured parliamentary control over succession, promoting stability and establishing precedents for constitutional monarchy and judicial independence

Question 31

What are the Parliament Acts of 1911 and 1949?

Answer 31

The Parliament Acts allow the House of Commons to bypass the House of Lords in certain legislative processes, reinforcing the supremacy of the Commons.

Question 32

What are the European Communities Act 1972?

Answer 32

The European Communities Act enabled the UK to join the European Economic Community (EEC) and incorporated EEC law into UK law.

Question 33

How did the European Communities Act influence British politics?

Answer 33

It significantly impacted legislative sovereignty, introducing EU law into the UK legal system and altering the relationship between UK and European governance.

Question 34

What were the criticisms of the European Communities Act?

Answer 34

Criticisms included concerns over loss of sovereignty, the imposition of EU laws on UK citizens, and lack of accountability in EU decision-making.

Question 35

What are some themes in terms of reform?

Answer 35

Themes include the balance between tradition and modernity, the struggle for democracy, the protection of rights, and the relationship between the UK and Europe.

Question 36

What are the key measures incorporated since 2015 to get constitutional reform?

Answer 36

Key measures include the introduction of the Recall of MPs Act (2015), the Fixed-term Parliaments Act (2011), and ongoing discussions on devolution and electoral reform.

Question 37

What acts helped modernize UK political institutions?

Answer 37

Acts include the Representation of the People Acts (1918, 1928), the Scotland Act (1998), and the Wales Act (2017).

Question 38

What were the constitutional developments that brought greater democracy to the UK political system?

Answer 38

Developments include universal suffrage, devolution of powers to regional governments, and reforms in the House of Lords to reduce hereditary peers.

Question 39

What are the constitutional developments to further human rights?

Answer 39

Key developments include the Human Rights Act (1998) and incorporation of EU human rights legislation, enhancing protections for individual liberties.