Unit 1: The UK Constitution

Question 1

Codified

Answer 1

A set of specific rules collected in one document

Question 2

Uncodified

Answer 2

A constitution where the laws and rules are not in a single document, but are found in a variety of sources

Question 3

Statute law

Answer 3

Law created by Acts passed by Parliament

Question 4

Common Law

Answer 4

Laws passed down over the years by legal judgements in courts

Question 5

Conventions

Answer 5

Unwritten traditions and procedural agreements that allow the state to function smoothly

(e.g Salisbury Convention for the Lords - they don’t delay policies in the ruling party’s manifesto)

Question 6

define Authoritative Opinions

Answer 6

The writings and books of experts that clarify and explain the constitution.

Question 7

The royal prerogative

Answer 7

The historical powers of the monarch now transferred to the Prime Minister e.g negotiating foreign treaties.

Question 8

Rule of Law

Answer 8

Everyone is equally subject to the law of the land (even government and ministers)

Question 9

Parliamentary sovereignty

Answer 9

Parliament is the supreme authority in the UK that cannot have its laws struck down by a higher power (this is the basis of the UK’s constitution)

Question 10

Individual rights

Answer 10

Rights that apply to individual citizens (e.g being allowed to vote at 18, right to fair trial - human rights act)

Question 11

Collective rights

Answer 11

Rights that protect a whole group of individuals e.g workers in a specific job, religion (includes right to security, right for religious people to express beliefs)

Question 12

Freedom of Information Act: year, what it is

Answer 12

a) 2000

b) requires public bodies to make information public, and allows people to access information held about them.

Question 13

Strengths of the Freedom of Information Act (4)

Answer 13

Public and pressure groups can access truth - may identify corruption, Journalism, Popular and widespread - shows need, Prevents corruption as government knows information is public

Question 14

Weaknesses of the Freedom Of Information Act (3)

Answer 14

Requests can be refused, long waits/blockages, can be circumvented by ‘informal’ meetings.

Question 15

Fixed Term Parliaments Act: Date, what it is

Answer 15

2011

Weakens power of prime minister to call a snap election (2 thirds majority needed, or a vote of no confidence)

Question 16

Strengths of the Fixed term Parliaments act

Answer 16

Created political stability for the coalition government, Is more fair - there is a clear advantage from being able to choose when an election is held.

Question 17

Weaknesses of the Fixed Term Parliaments Act

Answer 17

Theresa May called a snap election - shows the Act can be easily circumvented, Only called because of political circumstances rather than high principles (coalition gov at the time)

Question 18

Nature of the UK’s constitution (4)

Answer 18

Uncodified
Unitary (power w/ central gov)
Rule of Law (everyone subject to law)
Parliamentary sovereignty

Question 19

Magna Carta: Date, what it did

Answer 19

1215, right to fair trial & everyone equal under the law.

Question 20

Bill of Rights: Date, What it did

Answer 20

1689, parliamentary sovereignty & free elections.

Question 21

Act of Settlement: date, what it did

Answer 21

1701, established that monarchy exists on parliament’s terms.

Question 22

Parliament Acts: dates, what they did

Answer 22

1911 and 1949, reduced power of House of Lords

Question 23

European Communities Act: Date, What it did

Answer 23

1972, brought UK into the EU, weakening parliamentary sovereignty

Question 24

Name 3 reasons the UK should adopt a codified constitution

Answer 24

Key laws entrenched - protects rights

Would be a clear reference for courts and make it clear what is constitutional (judicial review is currently limited)

Current constitution is outdated e.g House of Lords reflects a pre-democratic era

Question 25

Name 3 reasons the UK should nota adopt a codified constitution

Answer 25

System has worked well for hundreds of years

Flexible constitution means laws can easily be changed if they are wrong

Hard to devise a constitution which pleases everyone + no demand for change