UK Government 2.1.4 Features of UK Constitution

Question 1

What are the main principles of the UK constitution?

Answer 1

1)Parliamentary sovereignty
2) Rule of law
3) Constitutional monarchy
4)Fusion of powers
5) A unitary state

Question 2

Define sovereignty

Answer 2

supreme power or authority

Question 3

Define Parliamentary sovereignty

Answer 3

Parliament is the supreme legal authority in UK meaning:

Question 4

Given Parliamentary sovereignty what does this mean Parliament is able to do?

Answer 4

-It has the right to ‘make or unmake any law’ ( A.V. Dicey)
- Such laws can’t be challenged by other branches of GOV( e.g. courts)
-Can’t bind it’s successor
=> However political sovereignty of the people and the Sewwl Convention limit Parliments power

Question 5

What are the components of the rule of law?

Answer 5

The rule of law Equality under the law + Transparency under the law + independent judiciary + accessible legal remedy

Question 6

Case study: Give an example of quality under the law working (fines)+ analysis

Answer 6

2020
BOJO became the first PM to be interviewed under caution over Partygate he was issued with a fixed penalty notice as punishment
=> Even executives can be prosecuted, no one is above the law

Question 7

Case study: Give an example of equality under the law working (speeding) + analysis

Answer 7

2018
-LAB MP for Peterborough is convicted for perverting the course of justice after lying to police about speeding.
-Sentenced to 3 months in prison
-removed under the Recall of MPs Act 2015

Question 8

Case study challenging the rule of law: Parliamentary privilege in action

Answer 8

2011 John Hemmings MP was criticised for publically naming Ryan Giggs as a footballer protected by a superinjunction to hide an alleged affair

Question 9

What is Parliamentary privilege?

Answer 9

Legal immunity that protects PMs from civil and criminal liability for actions taken or statements made while performing their legislative duties

Question 10

Define Exclusive cognisance

Answer 10

The right of each House of Parliament to regulate its own proceedings and internal affairs without interference from any outside body.

Question 11

In _____ _________ MP was criticised for naming ______ _______ the footballer despite super injunction

Answer 11

2011
John Hemmings
Ryan Giggs

Question 12

What is legal aid?

Answer 12

Payment form public finds to pay for legal advise for citizens in need?

Question 13

What has the Law Society reported happened to legal aid funding?

Answer 13

form 2013-2023 rela spending has fallen by 28%

Question 14

What did A.V. Dicey call Parliamentary sovereignty and the rule of law

Answer 14

’ The twin pillar of the constitution

Question 15

What are the 3 branches of government and their role?

Answer 15

-Executive: executes/enforces the laws
-Legislature; created laws
-Judiciary: Adjustment

Question 16

Which of the branches of government are fused?

Answer 16

Executive & Legislature

Question 17

What group of people usually form the executive?

Answer 17

Largest party in the House of Commons

Question 18

the PM being the leader of the largest party in the House of Commons makes them the …..

Answer 18

de facto head of legislature

Question 19

When was the law Lord abolished? And under what act?

Answer 19

2005- Constitutional Reform Act

Question 20

What was the Law Lord?

Answer 20

Law Lord sat in HoL and was a member of the judiciary

Question 21

After the abolishment of the Law Lord (2005) what was established?

Answer 21

The Supreme Court, with judges who are Lords but can’t legislate

Question 22

Is the Uk formally a unitary state or a federal state?

Answer 22

Unitary state

Question 23

Define Unitary state

Answer 23

Power is centralised in central government (Westminster)

Question 24

After devolution what kind of system (in terms of feral and unitary does the UK have)

Answer 24

“Quasi-federal”

Question 25

What does “Quasi-federal” mean?

Answer 25

Partily federal, having more in common with federal states like the USA where severity is shared