UK Constitution (P2)

Question 1

What is an uncodified constitution?

Answer 1

Some constitutional rules have been written down but have not been brought together in a single document

Question 2

What is a codified constitution?

Answer 2

All constitutional rules are written down in a single document

Question 3

What is a flexible constitution?

Answer 3

Allow the legislature to amend (change) simply through a majority of votes in parliament

Question 4

What is a rigid constitution?

Answer 4

Amending the constitution is made more difficult to ensure that changes don’t take place without due consideration and debate

Question 5

What is a unitary system?

Answer 5

Where all power is concentrated in the hands of central government (Parliament)

Question 6

What is a federal system?

Answer 6

Where power is divided between central and regional units (US gov)

Question 7

What are the three powers in the constitution?

Answer 7

-The Judiciary (The Supreme Court)
-The Legislature (Parliament)
-The Executive (Government)
In the UK, the legislature and executive is fused

Question 8

What are the three terms that the UK constitution is defined as?

Answer 8

Un-codified - no single document
Unitary - Parliament is sovereign
Flexible - can be easily amended

Question 9

What is the Bill of Rights? name the year of this act

Answer 9

1689 - sets out basic human rights and limits the power of the monarchy, established free elections and freedom of speech in Parliament

Question 10

What is the first Parliament Act? name the year it was passed

Answer 10

1911 - supremacy of the HoC by limiting legislation-blocking powers of HoL as laws could be passed without approval, reduced life of Parliament from 7 to 5 years

Question 11

What is the second Parliament Act? name the year it was passed

Answer 11

1949 - reduced time HoL could delay bills from 2 years to one, removed ability to veto (kill) bill entirely

Question 12

What act was passed in 2018 due to the Brexit referendum?

Answer 12

European Union Withdrawal Act - repealed European Communities Act and triggered article 50 to start process to withdraw from EU

Question 13

What are the four sources of the constitution?

Answer 13

-Statute Law
-Common Law
-Convention
-Works of Authority

Question 14

What is statute law? give an example and explain significance

Answer 14

Acts of Parliament - e.g HRA 1998, Elections Act 2022 - Most supreme source as Parliament is sovereign

Question 15

What is common law?

Answer 15

Laws created by judges rulings - e.g Murder, R v R - updates constitution with modern societal attitudes, good for flexible constitution

Question 16

What is a convention?

Answer 16

A custom/tradition not legally binding - e.g Royal Assent, Salisbury convention - open to abuse during elective dictatorships with Johnson proroguing Parliament

Question 17

What is the Salisbury convention?

Answer 17

A tradition that the Lords will not obstruct bills from the governing party’s manifesto. 2/4 elections have not applied thus making it weaker, arguably broken during Brexit

Question 18

What is the Sewel Convention?

Answer 18

a tradition that areas of devolved policy are not interfered with by Westminster. Broken with Gender Recognition Bill 2023 that Holyrood proposed

Question 19

What are works of authority? name examples and explain the significance

Answer 19

Used for interpreting the constitution especially during crisis - e.g Bagehot, Dicey’s parliamentary sovereignty, Erskine May during Brexit - out of date, lacks legal authority

Question 20

What are the Wright Reforms? (2009)

Answer 20

Chairs of Select Committees directly elected by the House, established the Backbench Business Committee - 100,000 signatures on e-petitions discussed in HoC

Question 21

What was the Miller case?

Answer 21

asked whether the power to invoke Article 50 was for the executive (PM) or legislature (Parliament) - held that it was Parliaments until appealed by SC that Parliament needed to give consent for PM to notify

Question 22

What is meant by royal prerogative?

Answer 22

Power that used to be the monarchs, but have since been given to PM to exercise on their behalf - monarch now only has ceremonial power (e.g appointing ministers)

Question 23

What are works of authority?

Answer 23

Authoritative texts that help interpret the constitution, often used during times of change (EU Withdrawal Act 2018)

Question 24

What are some examples of works of authority?

Answer 24

The English Constitution by Bagehot, Dicey on parliamentary sovereignty, Erskine May