The UK Constitution

Question 1

What is a constitution?

Answer 1

A document outlining the fundamental rules for how a state is to be governed.

Question 2

What are the sources of the UK constitution?

Answer 2

Statute Law/ Common Law/ Conventions/ Authoritative Texts/ EU Law

Question 3

What are the characteristics of an un-codified constitution?

Answer 3

1. not authoritative- not above the law, single-tiered
2. not entrenched- flexible, easily amendable
3. not judiciable- parliamentary sovereignty
   - found in varied sources
   - increasingly rare: UK and Israel the only clear democratic examples

Question 4

What is Limited Government?

Which party is in favour of this practice?

Answer 4

A form of government in which government power is constrained through checks and balances, with protections for individual rights. Opposite to arbitrary government such as dictatorship.
The Liberal Democrats (Liberals)

Question 5

Give examples of Statute Laws (passed by Parliament) that have changed ‘branches of government’ and state what they changed :

Answer 5

Parliament Acts of 1911 and 1949- limited the powers of House of Lords to delaying (by two yrs then one), not stopping bills. SALISBURY CONVENTION.
House of Lords Act 1999-removed all but 92 hereditary peers.
Constitutional Reform Act 2005-established the UK Supreme Court.

Question 6

Devolution related Statute Laws passed:

Answer 6

Scotland Act 1998, Northern Ireland Act 1998, Government of Wales Act 1998

Question 7

Statute Laws related to Electoral Reform:

Answer 7

European Parliamentary Elections Act 1998- introduced in PR for EU elections.
Political Parties, elections and referendums Act 2000- limited donations to political parties and campaign expenditure, also created the Electoral Commission to oversee and advise on elections.

Question 8

Constitutional changes (statute laws) that have affected our rights and civil liberties:

Answer 8

Human Rights Act 1998- established the European convention on Human Rights as part of UK Statute Law.
Freedom of Information Act 2000-established the right to access government information.

Question 9

What are the main conventions of the UK constitution?

Answer 9

The powers of the Royal Prerogative (e.g declaring war, appointing and sacking PM, granting honours like knighthoods, signing international treaties. CEREMONIAL)
Appointment of PM- by convention the leader of the largest party in commons.
Individual ministerial responsibility-when ministers should resign.
Collective ministerial responsibility- vote of no confidence, government would collectively resign. All members of the government should support government policy in public.

Question 10

When did the UK join the EU?

Answer 10

1973, following the European Communities Act in 1972.

Question 11

What is the Doctrine of Supremacy?

Answer 11

EU Law should replace any conflicting national laws.

Question 12

What is the Doctrine of Direct Effect?

Answer 12

EU Law did not need the approval of Parliament.

Question 13

What was the Factortame Case (1991)?

Answer 13

Merchant Shipping Act (1988) that restricted rights of foreign-owned ships to fish in British waters conflicted with EU Law. Dis-applied the conflicting parts of the law.

Question 14

Examples of Authoritative Texts:

Answer 14

Bagehot’s ‘The English Constitution’ (1867)

AV Dicey’s ‘An Introduction to the study of the law of the constitution’ (1885)

Question 15

What is an elective dictatorship? Who came up with it?

Answer 15

Lord Hailsham/ Quentin Hogg: when a government has almost unlimited power (ability to pass laws), which is only monitored by their ability to win elections.

Question 16

What are the 5 Key Principles of the UK Constitution?

Answer 16

1. Parliamentary Sovereignty
2. Rule of Law
3. Parliamentary government/ Fusion of Powers
4. Constitutional monarchy
5. EU membership

Question 17

What of kind of powers does the EU Commission possess?

Answer 17

Supranational Powers

Question 18

What is popular sovereignty?

Answer 18

The theory that due to increased referendums etc sovereignty has been diverted from parliamentary and into the hands of the public.

Question 19

What is pooled sovereignty?

Answer 19

The combination of the national sovereignties of member states to enhance their power and influence; the whole is greater than its parts. Pro-European phrase.

Question 20

What is a constitutional monarchy?

Answer 20

Where the monarch still acts as a head of state but is restricted by the constitution- a primarily ceremonial role.

Question 21

What is political sovereignty?

Answer 21

The principle that the legislative makes laws on the basis of policy approved by the electorate. So we may say that the electorate are politically sovereign, as opposed to Parliament.

Question 22

What does quasi-federalism mean?

Answer 22

A principle that is arguably applicable to UK, where the state is only partially federal. It possess features of federalism, i.e Devolved powers, however the overriding powers remain in Parliament (parliamentary sovereignty) and therefore it cannot claim to be entirely federal.

Question 23

What is the conservative argument in favour of the UK constitution?

Answer 23

It is a tried and tested document which is an integral part of UK heritage, its durability can be dated back to the Magna Carta (1215). Believe in organic change, as opposed to radical, enforced change.

Question 24

When have conventions been disregarded?

Answer 24

Theresa May refusing to take responsibility for chaos at airports and ports across Britain due to Syrian passports scandal, instead blaming Brody Clark- head of the civil service.

Question 25

Three verb description of Parliamentary Sovereignty?

Answer 25

‘parliament can make, amend or repeal any law’

Question 26

Arguments in favour of a codified constitution:

Answer 26

• clear rules (Salisbury convention and individual ministerial responsibility disregarded i.e Teresa May and Fox hunting)
• limit government (solution to elective dictatorship)
• neutral interpretation (judiciable, strike down legislation instead of current declaration of incompatability)
• secure civil liberties (contrast to U.S.A Bill of Rights-first 10 amendments, tory pledge to abolish Human Rights Act (1998) feasible)

Question 27

Arguments against introduction of codified constitution:

Answer 27

• tried and tested (cons belief. Magna Carta (1215), organic)
• flexibility (contrast to U.S.A 2nd amendment, right to be armed, devolution)
• unelected therefore undemocratic, unaccountable judiciary (in USA right for women to have an abortion and gay marriage implemented by unelected judiciary rather than politicians)
• un-codified calls for strong, decisive government (e.g 2007-2008 Brown government recapitalisation of struggling business i.e RBS)

Question 28

What were the 4 principles of Blair’s constitutional reforms?

Answer 28

1. Democratisation (response to unelected Lords and FPTP)
2. Decentralisation (devolution)
3. Restoration of rights (Human Rights Act and Freedom of Information Act)
4. Modernisation (Rights written down)

Question 29

What have been some of the coalition’s successful attempts to reform the constitution?

Answer 29

Protection of Freedoms Act (2012)- anti DNA
Fixed Term Parliaments Act (2011)
Back Bench Committee formed (2010)
Introduction of e-petitions (Hillsborough, but some ineffective)
Elected Select Committee Chairmen

Question 30

What have been some of the coalition’s unsuccessful attempts to reform the constitution?

Answer 30

AV referendum (2011)
Statutory register of interests- concealed aug 2012 due to embarrassment. 
Fewer MPS/ Equal-sized constituencies.

Question 31

When was the Lisbon Treaty?

Answer 31

2007

Question 32

When was the Smith Commission?

Answer 32

2014