The UK Constitution

Question 1

What are the Three Core Bodies of the UK Constitution?

Answer 1

• The Judiciary, i.e. the Courts.
• The Executive, i.e. the Government.
• The Legislature, i.e. the Parliament.

Question 2

What is a Constitutional Statute?

Answer 2

Legislation that:

• Defines or restricts Fundamental Rights; or
• Conditions the relationship between the Citizen and the State.

The Judiciary also contributes to Constitutional Development when such Statutes are litigated in Court.

Question 3

What is a Constitutional Convention?

Answer 3

A Non-Binding but well-respected Principle that guides how a given Core Body conducts its affairs.

Question 4

What is the Role of Parliament?

Answer 4

Creating, amending, and repealing Laws.

Question 5

What are the Components of Parliament?

Answer 5

• The King.
• The House of Lords.
• The House of Commons.

Question 6

In Practice, which Component of Parliament is most Powerful?

Answer 6

The House of Commons.

• The King is a cerimonial ornament.
• The House of Lords cannot block a Bill and has no power over Financial Bills.

Question 7

What is the Role of Government?

Answer 7

• Manage Public Services.
• Formulate and implement Policy.
• Administer Policy and Enforce the Law.
• Maintain Public Order and National Defence.
• Drarft Secondary Legislation in the form of Statutory Instruments.

Question 8

What are the Components of the Executive?

Answer 8

• The King.
• The Prime Minister and Cabinet.
• Individual Government Departments.

Question 9

What are the Sources of Executive Power?

Answer 9

• Statute.
• Common Law.
• Royal Prerogative.

Question 10

What is the Role of the Courts?

Answer 10

To resolve disputes by interpreting and applying the Law.

Question 11

What are the most important Constitutional Conventions governing the Legislature?

Answer 11

Lordly Deferrence to the Commons:

• The House of Lords defers to the House of Commons as the primary democratic body.

The Sewel Convention:

• Westminster generally avoids legislating on devolved matters without the relevant consents.

The Salisbury-Addison Convention:

• The House of Lords refrains from opposing legislation that fulfills a Government Manifesto commitment.

Parliamentary Approval for War:

• The Executive must seek Parliamentary Consultation before committing the armed forces to significant foreign policy actions.

Exclusive Authority Over Financial Bills:

• Only the House of Commons, through a Cabinet minister, may introduce Financial Bills, which the Lords may review but cannot amend or block.

Question 12

What are the most important Constitutional Conventions governing the Executive?

Answer 12

Prime Ministerial Discretion over the Cabinet Selection:

• The Prime Minister controls the composition of the Cabinet.

Royal Assent to Legislation:

• The Monarch does not refuse royal assent to Legislation passed by Parliament.

Royal Appointment of the Democratic Prime Minister:

• The Monarch appoints the Leader of the electorally victorious Party as Prime Minister.

Royal Action on Ministerial Advice:

• The Monarch follows the advice of Ministers in performing Constitutional Duties.

Resignation after a No-Confidence Vote:

• After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.

Royal Consent for Legislation on the Crown:

• The Government seeks the Monarch’s consent before introducing Legislation directly affecting the Monarchy.

Question 13

What are the most important Constitutional Conventions governing the Judiciary?

Answer 13

Judicial Political Neutrality:

• Judges must avoid political activity to prevent conflicts of interest.

Parliamentary Restraint from Criticism of the Judiciary:

• Parliament refrains from criticising the Judiciary’s professional conduct.

Question 14

What are the most important Constitutional Conventions governing Ministerial Responsibility?

Answer 14

Collective Ministerial Responsibility:

• Confidentiality: Cabinet discussions must remain confidential to enable open debate within the Government.
• Parliamentary Confidence: After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.
• Unanimity and Resignation as Dissent: Once a policy decision is reached, all Ministers must publicly support it. Ministers disagreeing on principle should resign rather than dissent openly.

Individual Ministerial Responsibility:

• Policy Failures: Ministers are accountable for major policy errors, and should resign if they were directly aware, involved, or responsible.
• Operational Failures: Ministers may avoid resignation over operational policy errors, unless they were directly and significantly involved or responsible.

Question 15

What are the Seven Principles of the Ministerial Code?

Answer 15

• Honesty.
• Integrity.
• Openness.
• Objectivity.
• Leadership.
• Selflessness.
• Accountability.

Question 16

Can Parliament override the Judiciary?

Answer 16

Yes. Parliament can assert itself to ensure the Law reflects the Democratic Will.

Question 17

How dependant are Executive Statutory Instruments on Parliamentary Approval?

Answer 17

• Positive Instruments require Parliamentary approval.
• Negative Instruments automatically become Law unless Parliament objects.

Question 18

What is the Role of the Attorney General?

Answer 18

• Member of the Cabinet.
• Chief Legal Advisor to the Government.

This is an Executive Role.

Question 19

What is the Role of the Lord Chancellor?

Answer 19

Head of the Ministry of Justice.

This is an Executive Role.

Question 20

What is the Judicial Appointments Commission?

Answer 20

An independent body, comprised of 15 Comissioners from various political and professional backgrounds, that recommends candidates for Judicial roles.

• Ordinary recommendations are made to the Lord Chancellor.
• Supreme Court recommendations are made by a Special Commission to the Prime Minister.

The selection criteria are merit and character.

Question 21

When can a Senior Judge be removed from Office?

Answer 21

• Misconduct.
• Motion of the Houses.

Question 22

When can an Ordinary Judge be removed from Office?

Answer 22

• Misconduct.
• Investigation and Expulsion by the Lord Chancellor and Lord Chief Justice.

Question 23

Who determines Judicial Pay?

Answer 23

The Senior Salaries Review Body.

Question 24

What are Safeguards against Judicial Politicisation?

Answer 24

• Ban on Judicial Involement in Parliament: Full-Time Judges are barred from serving as MPs.
• Parliamentary Abstinence from Judicial Criticism: The Cabinet and MPs are discouraged from publicly criticizing Judges’ character or motivations,
• Parliamentary Privilege: Parliamentary Proceedings cannot be impeded by the Judiciary.

Question 25

What is Judicial Immunity?

Answer 25

Judges are **immune from civil suit** for **actions** performed **in their role**, **so long as** the actions were: * **Within** their **jurisdiction**; and * **Performed** in **Good Faith**. ## Footnote Lower-Court Judges tend to enjoy less protection than their more senior peers.

Question 26

What type of Legislation can the Judiciary Review?

Answer 26

**Secondary Legislation**, specifically to **ensure** it **complies** with the **authority granted** by its **Parent**. ## Footnote With Primary Legislation, the most a Judge can do is declare incompatibility with the European Convention on Human Rights.

Question 27

What is Devolution?

Answer 27

The **grant** of **Legislative powers** to the **Devolved Territories**, namely: * The **Scottish Government** and **Parliament**. * The **Welsh Government** and **National Assembly**. * The **Northern Irish Executive** and **Assembly**.

Question 28

What is Devolved Legislation?

Answer 28

**Legislation** created by a **Devolved Legislature**, as **enabled** by an **Act** of the **Westminster Parliament**.

Question 29

What are Devolved Matters?

Answer 29

**Issues of Governance delegated** to a **Devolved Territory**.

Question 30

What are Reserved Matters?

Answer 30

**Issues of Governance** determined by **Westminster**, **regardless** of whether they **affect Devolved Territories**.

Question 31

Who Sets the Budgets for Devolved Territories?

Answer 31

The **Central Government** (in Westminster).

Question 32

What is the Principle of Rule of Law?

Answer 32

The notion that the **Law's supremacy stands above all else**.

Question 33

What are the Eight Principles of the Rule of Law?

Answer 33

* **Equality:** Everyone is equal under the Law. * **Accessibility:** Law must be clear and understandable. * **Proper Exercise:** Officials must act within their legal authority. * **Access to Justice:** Justice must be accessible and affordable. * **Human Rights Protection:** Fundamental Rights must be safeguarded. * **Adjudicative Procedures:** Legal processes should be fair and impartial. * **Law, Not Exercise:** Decisions should be based on Law, not arbitrary power. * **Compliance with International Law:** The State should honour international obligations.

Question 34

What is the Primary Means by which the Rule of Law is upheld?

Answer 34

**Judicial Review**.

Question 35

Regarding the Rule of Law and Statutory Interpretation, what is the Judiciary's Presumption regarding Parliamentary Intention?

Answer 35

That **Parliament's objective** is to **safeguard individual rights**, **unless** the **contrary** is **unequivocally expressed**.

Question 36

Regarding the Rule of Law and Statutory Interpretation, what is the Judiciary's attitude toward Executive Discretion?

Answer 36

The Courts will **not interfere** with Executive Discretion so long as it is **used**: * **Fairly**; * **Reasonably**; and * **Within the Legislation's intent**.

Question 37

What are the Core Traits of Parliamentary Soverignty?

Answer 37

* **Parliament** is the **ultimate legal authority**. * The **validity** of an **Act of Parliament** is **beyond question**. * **No Parliament** may be **Bound** by a **Predecessor** or **Bind** a **Successor**.

Question 38

When is a Statute Impliedly Repealed?

Answer 38

When it is **irreconcilable** with a **subsequent Statute**, and **only** to **that extent**.

Question 39

What is the Royal Prerogative?

Answer 39

The **Residual Powers** of the Crown.

Question 40

What are the Three Types of Prerogative Power?

Answer 40

**Executive Prerogative Powers:** * Exercised by Ministers independently of the Monarch, concerning: * Mercy; * Foreign Affairs; and * National Defense. **Constitutional Prerogative Powers:** * Exercised by the Monarch on the Prime Minister’s advice, concerning: * Legislative Assent; * Prorogation of Parliament; and * Appointment of the Prime Minister. **Crown’s Legal Prerogatives:** * Prerogatives relating to legal principles and practices affecting the Crown, concerning: * Exemption from Statute; and * Immunity from Contempt of Court and suit in a personal capacity.

Question 41

What are the Safeguards for Prerogative Power?

Answer 41

* **Judicial Review**. * **Ministerial Accountability**. * **Parliamentary Sovereignty**. * **Constitutional Conventions**. ## Footnote Generally, Prerogative Powers should not be used to effect far-reaching changes to Law and Rights without Parliament’s explicit approval.

Question 42

What are the Non-Justicible Areas of Prerogative Power?

Answer 42

* **Treaty-Making**. * **National Defense**. * **Granting Honours**. * **Prerogative of Mercy**. * **Dissolution of Parliament**. * **Appointment of Ministers**. | This list is **non-exhaustive**. ## Footnote The Courts must examine the **substance**, **not form**, of **Powers**, and must **avoid interfering** in **non-administrative areas**, especially **High Policy** or **National Defence**. The Courts must also **adjust** its **degree of scrutiny accordingly**.