The Structure of the Constitution

Question 1

name 6 key parts of the UKs constitution and affects parliamentary sovereignty

Answer 1

1. implications of an uncodified cons
2. parliamentary sovereignty in theory vs reality
3. eu membership
4. HRA 1998
5. devolution
6. referendums

Question 2

why do the implications of a codified constitution affect the nature of the constitution

Answer 2

1. does not have the status of fundamental or higher law –> can be easily superseded as its status is the same as other legislature laws
2. no special procedures for amending the constitution: amended by only an act of parliament
3. parliament not a constitutional court determines what is permissible under the constitution –> no definitive criterion for determining what is unconstitutional

Question 3

parl sov theory vs reality

Answer 3

theory
- p is the supreme law making authority
- it can leg on any subject of its choosing with no restrictio
- leg cannot be overturned by any higher authority
- no parliament can bind its successors (equal status laws easily ameded)

reality
- gov rather than house of C (parl) has largst leg influence

Question 4

eu mem and parl sov

Answer 4

• eu law has precedence over domestic british law n–> parl sovereignty ??
• parl has the ultimate decision to leave the eu
• brexit returns powers to the parl (uk) and end eu suprem
• probs as some problems need many eu countries working together not in isolation eg migration

Question 5

HRA 1998 and par sov

Answer 5

• rights in european convention on HR incorporated into uk stat law –> all new laws made compatible with it
• parliament must decide whether to amend/appeal the law, not courts (P SOV)

Question 6

devolution and p sov

Answer 6

• scotland wales and NI: primary leg authority on devolved issues (health and education)
• west minister has sole authority over reserved matters (uk economy, foreign policy, the const)
• issues arrive with devolution: D law is higher law, so eg scot need a referendum to break free !!

Question 7

referendums and parl sov

Answer 7

• settle const issues: devolution, electoral reform and eu mems
• parl sov is transferred over to the popular option
• ref are more advisory but legitimacy of parl can be damaged if ignored

Question 8

strengths of the nature of the UK C

Answer 8

1. P SOV:
   - given power to elected common people, democracy ! –> exec has day to day de facto power
   - power does not reside soley with the monarch and upper class
2. un cod const:
   - no laws are superior
   - adaptability: easy to reform laws –> flexible and pragmatic, reflects time period and circumstance (organic body of rules)
   - human rights elements
3. power is spread out and decentralised:
   - checks and balances
   - gov is held accountable by parl and wider electorate
   - judiciary legislative etc
   - devolution

Question 9

weaknesses of the nature of the UK const

Answer 9

1. P SOV
   - superseded by eu parl
   - referendums must be followed or can be voted out
   - devolution: other countries have assemblies (independence) = loss of powers
2. un cod const
   - can be rewritten by parl easily, taking away rights etc
   –> rule of law is not entirely protected
   - no definitive criteria for what is constitutional –> confusing for courts
   - citizen rights are poorly defined, leading to low public participation
3. power is decentralised??
   - power is too concen at the centre, gov can act as they please in between elections
   - prime min has power over all (appointing leaders etc)
   - sov too much?? –> effective dictatorship
   - HoL hereditary positions have no place in a lib democratic state

Question 10

what is the westminister model

Answer 10

parliamentary democracy system originating in the UK

Question 11

name 8 key features of the parliamentary model

Answer 11

1. P SOV
2. bicameral leg –> 2 sep houses eg lords and coms
3. cabinet gov
4. collective responsibility
5. majority rule
6. first past the post voting
7. constitution monarchy
8. regular elections

Question 12

7 pros of the west mid model

Answer 12

1. The constitution is uncodified and so
   can be easily amended.
2. The system of representative
   democracy means that the government
   is held accountable through elections.
3. The two-party system means that voters
   are presented with a clear choice
   between the government and the opposition.
4. Parliament can force the resignation of
   the government if it is not fulfilling its duties.
5. The independent and unelected
   judiciary upholds the rule of law but
   cannot overturn laws made by the
   elected Parliament.
6. Individual ministerial responsibility
   means that ministers must account for
   their actions in Parliament.
7. The electoral system has historically
   produced strong single-party
   governments so governments can
   deliver their promises.

Question 13

5 cons of the W model

Answer 13

1. As the executive dominates the
   legislature, a government with a
   majority can do anything it wants –
   elective dictatorship.
2. Governments can use legislation to
   restrict the rights of citizens, and the
   judiciary can do nothing about this.
3. The concentration of power at the
   centre means that politics is not as
   responsive to local needs and issues.
4. There are limited opportunities for
   political participation outside of
   elections.
5. Local government is weak.

Question 14

name 4 key principles of the UK constitution

Answer 14

1. psov
2. rule of law
3. unitary state
4. parl gov under a const monarchy

Question 15

psov

Answer 15

• corner stone of UKC
• Sov: legal authority/supremacy
• Westminister parl = supreme law making body
• constructed around 3 interconnected propositions

1. parl can leg over any matter it wants
2. leg cannot be overturned by any higher authority
3. no parl can bind its successors

BUT not absolute: devolution, eu, cannot make all laws

Question 16

rule of law

Answer 16

defines relations between state and its citizens; limits states actions and holds it responsible

1. cannot be punished without trial
2. no one is above the law
3. gen principles of const like freedom made common law by judges, not p statue or exec order

• protects equality. courts hold officials accountable. P laws are interepreted and applied by an independent judiciary, can be taken to court

BUT can be technically abolished by the gov but seen as illegitimate and anti-democratic

Question 17

unitary state

Answer 17

highly centralised eventhough there are 4 countries in the uk –> legal sov retained by W parl

1. subnational powers do not have autonomous powers safeguarded by the constitution
2. regional gov may be weak or non existing
3. local gov has little power

Question 18

what is the opposite of a unitary state

Answer 18

federalism

Question 19

what type of state is the UK commonly seen as

Answer 19

a UNION state
- political and cultural differences remain still, it is not a merge
- W, S and NI all joined in different ways and powers are devolved
- weak compared to W gov however

Question 20

parl gov under const mon

Answer 20

mins are politically accountable to parl and legally accountable to the CROWN –> face electorate verdict every 5 years

• rely on commons majority to survive + enact their programme etc
• power balance shifted with growth of HoC and less HoL and mon power
• cabinet gov –> key in policy making since mid 19th cent
• power to the P min: Prime ministerial gov replaced Cab g arguably

Question 21

3 similarities between the US and UK const

Answer 21

Important features of both constitutions have emerged in case law (via court decisions) or conventions. –> not described in the const

Individual rights are protected in both countries. In the US this is through the Bill of Rights. In the UK this is through statute law like the HRA 1998.

The US Constitution is federal, with power split between the federal government and states. The UK has become more federal since 1997 since devolution, but Parliament can take this power back at any time as it retains sovereignty.

Question 22

5 differences between US and UK const

Answer 22

The US Constitution is codified,
and was written in 1787 by the founding fathers.

The US Constitution is entrenched and so can only be changed through process, which is extremely difficult. In the UK,
any law passed by Parliament changes the constitution.

The courts play a far more important role in the US, as they can strike down laws that are ‘unconstitutional’. UK courts cannot overrule Parliament.

In the UK there is fusion of powers as the executive operates through the legislature. In the US the branches of government are strictly separated.

The UK system is parliamentary
and the US system is
presidential.