The UK Constitution

Question 1

Codified Constitution definition?

Answer 1

The constitution is written down in one place, as one document. Constitutional laws are ‘entrenched’ - they have higher status than other laws, e.g. the USA.

Question 2

Uncodified Constitution definition?

Answer 2

The constitution is made up of several sources, some written, some not. Constitutional laws are of the same standing as any other laws, e.g. the UK.

Question 3

Unitary definition?

Answer 3

Power is concentrated in one single body/ institution e.g. the UK Parliament.

Question 4

List the Sources of the UK Constitution?

Answer 4

• Statute Law
• Common Law
• Conventions
• Historical Texts
• Authoritative works
• EU Law/ treaties

Question 5

Statute Law?

Answer 5

• Laws that are created by Parliament
  Examples include:
• 1832 GRA
• 1911 & 1949 Parliament Acts
• European Communities Act 1972
• Fixed-term Parliament Act 2011

Question 6

Common Law?

Answer 6

• Legal principles which have been discovered, developed and applied by the UK courts.
• Can be overturned by sovereign Parliament and Statute Law
  Examples include:
• The royal prerogative

Question 7

Conventions?

Answer 7

• Means of doing things which have developed through use over extended periods of time
• Not codified/ legally enforcable
  Examples include:
• The Salisbury Covention
• Royal Assent to Bills

Question 8

Authoritative Works?

Answer 8

• Texts which hold no legal status but do have persuasive authority and can help identify, interpret and understand the core values of the constitution.

Question 9

EU Law & Treaties?

Answer 9

• When the UK became a member of the EU in 1972, it submitted to EU laws as having a higher/ sovereign status to UK legislation, as well as common law established by the ECJ becoming part of UK law.

Question 10

Magna Carta 1215:

Answer 10

Established rule of law

Question 11

Bill of Rights 1689:

Answer 11

Set out certain basic civil rights and clarified who would be next to inherit the crown.

Question 12

Act of settlement 1701:

Answer 12

Confirmed power of Parliament to determine succession to the Throne.

Question 13

Parliament Acts 1911/1949:

Answer 13

Restricted the period which the HOL could block HOC Bills to two years, then one year.

Question 14

List the Principles of the UK Constitution:

Answer 14

• Parliamentary sovereignty
• Rule of law
• Unitary State
• Constitutional Monarchy

Question 15

Strengths of the UK Constitution?

Answer 15

• Adaptability: Gradual evolution has allowed the Constitution to adapt without the need for super-majorities/ referendums.
• Strong Government: Day-to-day power resides with the executive, who has an overall majority in Parliament.
• Accountability: The govt is accountable to Parliament and the electorate.

Question 16

Weaknesses of the UK Constitution?

Answer 16

• Outdated and undemocratic: e.g. key elements of common law date back to medieval times.
• Concentration of power: Power concentrated at the centre with few safeguards against the arbitrary excersise of power.
• Lack of clarity: Not always clear where a govt has acted constitutionally, citizens find it hard to participate politically as they are not fully aware of their rights.

Question 17

Examples of Constitutional Reform since 1997?

Answer 17

• HRA 1998
• 1999 Devolution
• House of Lords Reform 1999
• Establishment of Supreme Court
• Fixed term Parliament Act 2011
• Further devolution

Question 18

1998 Human Rights Act:

Answer 18

Enshrined most of the provisions of the ECHR into UK law. The HRA required that the government ensure that all legislation is compatible with the ECHR.

Question 19

Devolution?

Answer 19

1999:
- Selected powers developed to new bodies in Scotland, Northern Ireland and Wales.

Question 20

House of Lords Act 1999?

Answer 20

Abolished all but 92 hereditary peers in the House of Lords.

Question 21

Constitutional Reform Act 2005:

Answer 21

Removed the existing law lords and set out provisions for the establishment of a UK Supreme Court in 2009.

Question 22

2011 Fixed Term Parliament Act:

Answer 22

Established a pattern of elections every 5 years, starting in 2015. It removed the ability of the PM to call elections at politically advantageous times, but as seen in 2017 it has limitations.

Question 23

Arguments to suggest the UK should have a codified constitution?

Answer 23

• Would provide greater clarity of rights and rules for citizens.
• The rights of citizens would be given constitutional protection (entrenchment), limiting the power of the executive.
• The process of codification would be an educational process for citizens, potentially encouraging further political participation.

Question 24

Arguments to suggest the UK constitution should remain uncodified?

Answer 24

• Codification would remove the adaptability/ flexibility of the current constitution, making it more difficult for it to adapt/ evolve.
• Current constitution functions well enough
• Would undermine the concept of Parliamentary Sovereignty
• There is little existing demand for a codified constitution and no agreed upon process of how it would be codified.