Uk Constitution

Question 1

Codified constitution

Answer 1

All written down in a single document

Question 1

What is the role of the constitution?

Answer 1

Sets out laws, rules by which state is governed
Sets out relation between gov branches
Sets out rights and civil liberties

Question 2

Uncodified constitution

Answer 2

Not written down in a single document- multiple sources

Question 3

Features of codified

Answer 3

higher body of law
entrenched

Question 4

features of uncodified

Answer 4

no higher laws
unentrenched

Question 5

positives of codified

Answer 5

courts strike down laws if not aligned with constitution
greater protection of rights and civil liberties
complex issues= outlines what to do

Question 6

positives of uncodified

Answer 6

shaped and changed quickly
organic-molded by society
judiciary= apolitical

Question 7

What are the 5 sources of the constitution?

Answer 7

Statute law
Common Law
Constitutional Convention
Authoritative works
European Union Law

Question 8

What is statute law and give examples

Answer 8

establishes parliamentary sovereignty
- HRA, Bill of Rights 1688, Constitutional reform act 2005, European communities Act 1972

Question 9

What is common law?

Answer 9

Laws developed by judges on a case by case basis
legitimacy= laws embodies values of community and precedent
thousands of years developing
tension between view that law is championed by judges and that power vested in parliament.

Question 10

What is constitutional convention

Answer 10

rules and principles not legally binding but accepted in practise
mainly relating to relation of gov branches
eg. Salisbury convention, collective responsibility

Question 11

Authoritative Works

Answer 11

Established political texts that make up part of the constitution
no legal authority “persuasive authority” - to guide
A.V Dicey’s

Question 12

What are the 3 main principles of the UK constitution?

Answer 12

Rule of Law
The separation of powers
Parliamentary sovereignty

Question 13

What is the rule of law?

Answer 13

Everyone is subject to the law- even gov

Question 14

What is the separation of powers?

Answer 14

divided into branches
each has distinctive processes
no domination of branches
balance

Question 15

Separation of power reform

Answer 15

The constitutional reform act 2005
Creating supreme court to replace Appellate Committee of HoL

Question 16

What does not align with the separation of powers principle?

Answer 16

The fusion of the legislative and executive branch where members of executive sit in parliament.

Question 17

What is parliamentary sovereignty?

Answer 17

Parliament is supreme legislative body that can make or unmake any laws it wished
(must be obeyed by the courts, current parliament cannot bind future parliament)

Question 18

European Convention of HR

Answer 18

Laws are binding
Can petition to ECHR if state violates rights for compensation/change of law

Question 19

The Human Rights Act 1998

Answer 19

All legislation must align with HRA
Does not override parliamentary sovereignty

Question 20

HRA Cases

Question 21

The Freedom of Information Act
(enforced in 2005)

Answer 21

Gives citizens right to access information held by public authorities

Question 22

Constitutional reforms since 1997

Answer 22

HRA 1998
Devolution
HoL reforms 1999
Election reforms
Decentralisation
English votes for English laws??

Question 23

What is Devolution?

Answer 23

transfer of powers (legislative, executive and tax raising) from central government to other areas.

Question 24

Devolution 1999

Answer 24

1999 Devolution to Scotland, Wales and NI from referendums= own parliament
Scotland= legislative, tax raising powers (education, local gov and health policies)
London and Welsh Assembly created

Question 25

Wales Devolution

Answer 25

Had secondary powers but in 2006 Labour paved the way for Wales to have primary legislative powers= intro in 2011

Question 26

Decentralisation

Answer 26

Metro Mayors (elected)
Congestion charge for entering London
changes to local gov- +London

Question 27

Electoral reform

Answer 27

Proportional representation intro for Scottish and Welsh and NI
No change for FPTP
referndum to change FPTP- didnt win

Question 28

HoL Act 1999

Answer 28

Only 92 hereditary peers left- majoirty life peers
final reform not complete= still hereditarty left
MPs voted for majority elected HoL but no bills followed