Unit 3

Question 1

What does the constitution aim to do?

Answer 1

1) Regulate the relationship between the different institutions of the state and

2) Regulate the relationship between the state and its citizens

Question 2

What are the key attributes of the UK constitution?

Answer 2

– Unwritten
– Monarchical
– Flexible
– Informal Separation of Powers (mostly)
– Unitary State
– Supreme

Question 3

Name the 3 core constitutional principles of the UK

Answer 3

1) Rule of Law

2) Separation of powers

3) Supremacy of Parliament.

Question 4

What are the main sources of the UK constitution?

Answer 4

1) Statute (Acts of Parliament)

2) Case Law

3) Royal Prerogative

4) Constitutional Conventions

Question 5

Can you repeal a constitutional statute impliedly?

Answer 5

No. A constitutional statute is protected from implied repeal in the event a later act conflicts with it.

Question 6

How can you repeal a constitutional statute?

Answer 6

Expressly. No special process is required, it just has to state clearly it expressly repeals the previous constitutional act.

Question 7

What are the 2 limittaions on case law as a way to shape the constitution?

Answer 7

1) Need for a claimant

2) Doctrine of precedent.

Question 8

What are the benefits of case law as a way to change the constitution?

Answer 8

1) Flexible

2) Judges / courts have a highly involved role

Question 9

Are constitutional conventions legally enforceable?

Answer 9

No.

Question 10

Can constitutional conventions be changed, created or abolished without going through formal legal or political procedures?

Answer 10

Yes.

Question 11

Can the courts enforce a convention?

Answer 11

No. Where there is a conflict between a convention and the law, the law will prevail.

Question 12

Where does the Royal Prerogative derive from?

Answer 12

Common Law.

Question 13

Who is legally responsible for exercising the royal prerogative?

Answer 13

Monarch. However, most powers are by convention exercised by the Prime Minister and other government ministers on the monarch’s behalf.

Question 14

Where there is a conflict between the royal prerogative and statute, what prevails?

Answer 14

Statute prevails.

Question 15

Can Acts of Parliament remove prerogative powers?

Answer 15

Yes.

Question 16

What are the royal prerogative powers in relation to foreign affairs?

Answer 16

(i) Declarations of war and deployment of armed forces overseas.

(ii) Making treaties; and

(iii) The recognition of foreign states

Question 17

What are the royal prerogative powers in relation to domestic affairs?

Answer 17

(i) The summoning of Parliament
(ii) The appointment and dismissal of the Prime Minister (and other government ministers);
(iii) The giving of Royal Assent to bills;
(iv) The dissolution of Parliament;
(v) Defence of the realm (deployment of armed forces within the UK);
(vi) The exercise of the prerogatives of pardon and mercy;
(vii) Granting public honours; and
(viii) The setting up of public bodies to disburse funds made available by Parliament

Question 18

What is a defintion of a constitutional convention?

Answer 18

1) Rules of constitutional behaviour
2) which are binding
3) but cannot be legally enforced

Question 18

What is the salisbury convention?

Answer 18

The unelected House of Lords will not reject legislation that gives effect to an important manifesto commitment of the democratically elected Government

Question 19

What are the key elements of collective responsibility convention?

Answer 19

The cabinet is collectively responsible to Parliament for the actions of the Government as a whole, and the Government must retain the confidence of the House of Commons.

A government that is defeated on a vote of ‘confidence’ in the House of Commons must resign (as did the Labour Government when it lost such a vote in 1979).

(ii) The cabinet must be united in public in support of government policy, and so a cabinet minister must resign if they wish to speak out in public against such policy, as did Robin Cook in 2003, when he wished to voice his opposition to the war in Iraq, and Boris Johnson in July 2018 over Theresa May’s Brexit policies.

(iii) Cabinet discussions must remain secret.

Question 20

What are the key elements of individual ministerial responsibility?

Answer 20

1) Government ministers are responsible to Parliament both for the running and proper administration of their respective departments, and also for their personal conduct.

2) There must be no conflict of interest between a minister’s public duties and their private interests. A minister who breaches this convention should resign

Question 21

Is there a convention that members of the judiciary do not play an active part in political life?

Answer 21

Yes.

Question 22

What is the sub-judice rule?

Answer 22

Active proceedings in the UK courts must not be referred to in any Parliamentary motion or debate.

Question 23

What is the effect of the 1911 and 1949 Parliament Acts?

Answer 23

Abolished any power of the House of Lords to veto any public Bill introduced in the House of Commons other than a bill containing any provision to extend the maximum duration of Parliament beyond five years or a Bill for confirming a provisional order.

Question 24

What is separation of powers?

Answer 24

The legislature (Parliament), The executive (Government) and The Judiciary (Courts) should remain separate.

Question 25

What is the rule of law?

Answer 25

There should be no arbitrary exercise of power by the state or government.

A citizen should be punished only for a clearly defined breach of the law.

Question 26

What is a life peer?

Answer 26

Someone who is appointed to the House of Lords as a peer, whose title is not hereditory.

Question 27

Can Parliament bind its successors?

Answer 27

No. Parliament is not bound by its predecessors and cannot bind its successors.

Question 28

What are the 2 key elements of Parliamentary Sovereignty?

Answer 28

1. Parliament can pass whatever legislation it likes; thus it can introduce or repeal any law it sees fit.
2. No other person or body can challenge or override legislation which Parlimanrt has enacted. This means the courts must uphold legislation passed by Parliament and cannot declare legislation to be unconstitutional.