UK Constitution

Question 1

Constitution?

Answer 1

A set of principles, written or unwritten, establishing the distribution of power within a political system, relationship between political institutions, the limits of Govt. jurisdiction, the rights of citizens and method of amending the constitution itself.

Question 2

Codified Constitution?

Answer 2

Process of setting out constitution in one single document. EG. US constitution

Question 3

When does codification occur?

Answer 3

Critical moment/crises

Question 4

Codification Pros? (4)

Answer 4

1) Provides clarity
2) Accessible
3) Provides the basis of legal disputes
4) Creates a national identity

Question 5

What does codification result in?

Answer 5

Two tier legal system

Question 6

What is a Two tier legal system

Answer 6

Divides law into higher (constitutional law) and lower law (law that can be amended without special procedure)

Question 7

Uncodified Constitution?

Answer 7

When parts of the constitution are written down, but in no single document. There are some important parts that are no written down.

Question 8

Sources of a constitution?(6)

Answer 8

1) Statute law
2) Conventions
3) Historical principles and authorative works
3) Common Law
4) Tradition
5) Europe

Question 9

Uncodified constitution pros? (2)

Answer 9

1) Allows for greater flexibility when it comes to dealing with crises
2) Prevents politicising unaccountable institutions

Question 10

Entrenchment?

Answer 10

Device used to protect a constitution from short-term amendment. Constitution too important to place in the hands of a temp government

Question 11

Two measures constitutional change must meet

Answer 11

1) Proposed change must have widespread popular support

2) Amendments must serve the long term interests of the state

Question 12

How can the two measures be satisfied?

Answer 12

1) Referendums

Question 13

Functioms of a constitution? (6)

Answer 13

1) Determine the distribution of political power
2) Established political processes
3) Competence of Govt.
4) Asserts the right of it’s citizens
5) Defines criteria for nationality
6) Sets out rule for amendments

Question 14

Two ways the UK Constitution can be amended?

Answer 14

1) Simple Parliamentary Statute

2) Slow evolution through conventions

Question 15

Constitutional monarch?

Answer 15

1) Est. 1688, declared supremacy of Parliament. Monarch constrained by fixed constitutional principles. Law making passed to parliament. Constitutional monarch provides royal assent.

Question 16

Royal Prerogative

Answer 16

Powers dont require the sanction of parliament, but are arbitrary. Powers passed from monarch to PM

Question 17

Royal Prerogative powers involve…(4)

Answer 17

1) Call on election
2) Negotiate foreign treaties
3) Command forces in Combat
4) Create peerages

Question 18

Unitary?

Answer 18

Sovereignty resides in one location. Power can be distributed to regions or local government. Central power can overrule.

Question 19

Federalism

Answer 19

Sovereignty divided between central bodies and regional. Occurs when sovereign states come together.

Question 20

Why is the UK quasi federal…

Answer 20

Devolved powers entrenched. Returning power to the centre considered controversial

Question 21

Legal sovereignty

Answer 21

Ultimate power to make laws that will be enforced within state. UK parliament is sovereign.

Question 22

Political sovereignty

Answer 22

Where political power lies in reality. Real power lies with bodies that determine what political decisions are made

Question 23

For Codification…(5)

Answer 23

1) HR requires stronger safeguard
2) Stronger checks on Govt.
3) Provided clarity
4) Modernisation
5) Safeguarding long term interests

Question 24

Against codification…(5)

Answer 24

1) Accountability would be reduced
2) Executive flexibility
3) Judicial branch would be politicised
4) Conservative pragmatism
5) Lack of consensual agreement

Question 25

Labour Constitutional reform…(4)

Answer 25

1) Decentralisation - Devolution Act 1998, Mayors/Local Govt.
2) Rights - Human Rights 1998, Freedom of Information
3) Modernisation - House of Lords 1999, Judiciary, Electoral reform

Question 26

Coalition Constitutional reform…(6)

Answer 26

1) Fixed Term Parliament
2) Recall of MPs
3) Introduction of Backbench business committee
4) Equalisation of the size of constituencies
5) Reduction in the size of Commons by 10%
6) Referendum for transferral of sovereignty to EU