UK Constitution

Question 1

Name the sources of the Constitution

Answer 1

1. Common Law
2. Statute
3. Constitutional Conventions
4. European Convention on Human Rights via Human Rights Act, 1998
5. Retained EU Law

Question 2

What key principle is the Constitution informed by?

Answer 2

Rule of Law

Question 3

What is the rule of law?

Answer 3

1. Apply law fairly
2. Gov.t acts according to
   law
3. Law shouldnot have retrospective effect

Question 4

Does UK have Constitutional supremacy?

Answer 4

No, Parliamentary Sovereignty/Supremacy

Question 5

What is Parliamentary Sovereignty?

Answer 5

Parliament reigns supreme, it can enact and strike down laws and courts cannot invalidate its laws

Question 6

Can a court strike down law if it is incompatible with the Constitution

Answer 6

No

Question 7

What is the highest form of law in the UK?

Answer 7

Acts of Parliament

Question 8

Is the Constitution entrenched?

Answer 8

No

Question 9

How can the Constitution be changed in the UK?

Answer 9

By an Act of Parliament

Question 10

What is a declaration of incompatibility?

Answer 10

When law breaches rights protected by the Human Rights Act, 1998, court can issue this declaration

Question 11

What happens if parliament disagrees with how a court interprets constitutional legislation?

Answer 11

It can amend the Act to make its position cleared (Parliamentary Supremacy)

Question 12

How do the courts develop constitutional law?

Answer 12

Through the common law

Question 13

What is a constitutional monarchy?

Answer 13

Monarch is granted powers under the Constitution

Question 14

Can the Monarch exercise personal discretion ?

Answer 14

No

Question 15

What is the Royal Prerogative?

Answer 15

Common law collection of powers belonging to the Crown

Question 16

Can parliament change the powers in the Royal Prerogative?

Answer 16

Yes

Question 17

What is the Ram Doctrine?

Answer 17

Powers that are incidental (not explicitly set out) to statutory and royal prerogative powers that give government the power to carry on business

Question 18

What is a Constitutional Convention?

Answer 18

Rules that arise out of previous practice but are not binding, despite triggering criticism for not following them

Question 19

Will the UK Parliament ordinarily legislate on a matter devolved to the Scottish Parliament, NI Assembly or National Assembly for Wales without their consent?

Answer 19

No

Question 20

Should the Monarch ALWAYS act on the advice of the Prime Minister?

Answer 20

Yes

Question 21

Who needs to approve the appointment of Government Ministers to the House of Lords or House of Commons?

Answer 21

The King, on the recommendation of the Prime Minister

Question 22

How is the Government accountable to Parliament?

Answer 22

By Ministers appearing in Parliament to answer questions and partake in debates

Question 23

Is the UK a Unitary or Federal State and why?

Answer 23

Unitary state, because power is concentrated at the centre

Question 24

What type of devolution typically describes the UK?

Answer 24

Assymetric devolution

Question 25

What are the three legal jurisdictions in the UK?

Answer 25

Northern Ireland Assembly
Scottish Parliament
Welsh Parliament

Question 26

Why is the UK’s devolution described as assymetric?

Answer 26

UK Parliament can legislate on any matter in the devolved territories and each territory has some rights to legislate, but to varying degrees

Question 27

What purpose does electing people to the House of Commons serve?

Answer 27

1. To choose parliament
2. To indirectly choose government