UK constitution

Question 1

What is parliamentary sovereignty?

Answer 1

Parliamentary sovereignty means that the parliament is the supreme legislative body. It makes Parliament the supreme legal authority in the UK which can create or end any law.
* Parliament is also the supreme legislative body and legislation can’t be changed, struck down or ignored by the judiciary or the executive.

Question 2

What is the rule of law?

Answer 2

The rule of law is that the same laws apply equally to every citizen and that the government is subject to the same law as everyone else.

Question 3

What is unitary?

Answer 3

In a unitary state power centralised and the central government processes absolute authority.

• In the UK all power is centralised in parliament in westminister
• This power has been diluted in recent years due to devolution
• Many schloars would now refer the UK as a union state

Question 4

What is federal ?

Answer 4

In federal state the power is shared and dispersed.The power of the central government is limited by the sovereign power of lower levels of government over which it has no authority.

Question 5

Are british citizens rights protected and wh/ wh not?

Answer 5

As result of parliamentar sovereign the rights of british citizens are not protected b the higher law of the constituton as the are in e.g USA.

this is because the rights of british citizens have been traditionall seen as negative rights.

Question 6

What are our civil liberties protected b?

Answer 6

In the uk the civil liberties are protected b:

-the principle that the government should act according to the rule of law
- the independance of the judicar from the government and the wa uin which judges interpret the law as according to the natural principles of natural justice.

Question 7

What is a uncodified constitution?

Answer 7

An uncodified constitution- the uk is often said to be an unwritten constitution. it is largle written but in lots of documents but it has never been codified brought together.

Question 8

What is statue law?

Answer 8

Statue law is all legislation that has been passed by parliamet
* is a parliamentary bill which has been approved by both houses of parliament and then given the roal assent.
* In uk there are no authorities greater than statue law.
* Statute law is the most important source of the constitution due to the principle of parliamentary sovereignty. All other sources can be overridden by statute law.

Question 9

What is statue law in the uk ?

Answer 9

Mometous acts of parliament contribute to the uk uncodifed constitution .

e.g
* For example, the 2005 Constitutional Reform Act created a separate Supreme Court.
* The 1918 Representation of the People Act which allowed all men and some women to vote.

Question 10

What is the scotland act 1998?

Answer 10

Following the 1997 referendum in which scotland in favour of devolution the scotland act reestablished a scottish parliament

Question 11

What is the human rights act?

Answer 11

Incorporates the european convention on human rights (ECHR) into british law
public bodies (government) are expected to act according to the ECHR and judges should interpretthe law according to ECHR

Question 12

What is the equalit righs act 2010

Answer 12

the equalit act codifies into one parliamentar statue all previous antidiscriminar legilasion providing equal treatment

Question 13

What is the marriage act 2013?

Answer 13

This act legalised same sex marriages and pivotial step in lgbt rights

Question 14

What is common law?

Answer 14

Common law refers to the judgements made b judges in important legal cases ( judge made law) common law cases set to be followed in future cases.

the way in which the judicayr interprets

• Common Law is made up of customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absence of statute).
• A lot of constitutional principles, such as the Royal Prerogative are a part of common law.

Question 15

What does un entrenched mean?

Answer 15

**The UK constitution is unentrenched which means it can be changed by a simple act in parliament **

Question 16

What are conventions?

Answer 16

Conventions represent the accustomed way in which political activity is carried out. conventions are not legally binding

• An example of a convetion is that the PM should be the leader of the largest party in parliament
• Conventions can be changed or removed or made permanment by statue law

The fixed terms parliament act 2011put into statute law the convention that a government must resign in they lose their vote of confidnece
Referenda should be carried out before major constitutional changes

Question 17

What are authoritative works?

Answer 17

Authoritive works = texts of such profound and enduring political significance that they contribute to the constitution of the UK

E.g. Walter Badgehot “ The english constitution “ 1867
A.V. Diceys introdcution to the law of the constitution 1885

Question 18

What are treaties?

Answer 18

A treaty is a written agreement made between two or more political entitties Following the parliamentary acceptance of the reat of accession to the European economic community in 1972

Question 19

What are examples of treatys?

Answer 19

As a result of the european communitiea act 1972 the UK accepted the treaty if accession which made UK a signatory to the treaty of rome
Single european act 1986
Lisvib treaty 2009
Good fr

Brexit ( parliament can repeal treaties)

Question 20

Constitution

Answer 20

Constitution= Determines where power is located within a nation state and the rules by which it is governed. Establishes the extent of the governments authority and the rights of its citizens

Question 21

Magna Carta act 1215

Answer 21

The barons placed limits on the power of the monarchy by forcing King Jogn to accept the 63 clauses of Magna carta
Established the principle that the crown is not above the law

Question 22

Bill of Rights act 1689

Answer 22

The Bill of Rights 1689 guaranteed basic rights, such as free elections, and established principles like frequent parliaments and freedom of speech within Parliament. It also established the doctrine of Parliamentary supremacy, making Parliament the supreme source of law-making over the monarch and the courts

Question 23

Acts of settlement 1701

Answer 23

Confirmed the primacy of parliament over the crown by declaring that parliament had the authority to determine the succesion to the throne.
Also confirmed judicial independance by stating that a judge can be removed only on agreement of both houses of parliament

Question 24

Acts of Union 1707

Question 25

Parliament acts 1911, 1949

Question 26

European communities act 1972

Question 27

Devolution 1997

Question 28

Brexit 2016

Question 29

Bushells case 1670

Answer 29

• Presiding judge instructed jury to find two quakers guilty of unlawful assembley
• Jury refused - was fined for contempt of court
• Edward Bushell refused to pay and in the resulting case sir john vaughan declared in favour of the jurt stating that a judge ‘may try to open the eys of the jurors but not lead rgem by the nose’ bushells case represents a landmark case protecting the independance of the jury

Question 30

Entick V Carrington 1765

Answer 30

• Principle of this case that the executive cant infringe the civil liberties of its citizens without legal justification established and enduring precendent that protects british citizens from arbitrary and autocratic govt

Question 31

Somerset v stewart 1772

Answer 31

Black slave james entick improsioned by charles stewart for having escaped lawyers acting for somsert claimed he had been illegally imprisoned
Challeneged the legtimacy of slavery in common law long before abolition of act of parliament 1833
Courts must always dispense jusrice whatever the consequences

Question 32

R V R 1991

Answer 32

Established the principle ub common law that a husband could be guilty of raping his wide

Question 33

Sailsbury convention

Answer 33

HOL does not oopose the second or third reading of legislation that was in winning parties manifesto

Question 34

The ministerial code of conduct

Answer 34

explains the role of government ministers including the circumstances in which they could be expected to resign

Question 35

Land mark decisions

Answer 35

Historical events that contribute to the development of the constitution
E.g. magna carta 1215, Bill of rights 1689

Question 36

Good friday agreement 1998

Answer 36

Agreement between the british and irish govts on how northen ireland should be governed