Wk 1 - Introduction to Constitutional Law

Question 1

Subject matter of public law

Answer 1

• governing relationship between individuals and the state
• constitutional and administrative law

Question 2

What does public law concern?

Answer 2

• the relationship between state institutions
• the relationship between individuals and the state
• structure and rules of government

Question 3

What is a constitution?

Answer 3

• law about the law
• regulates parts of the government
• regulates between the state and individuals

Question 4

Function of a constitution

Answer 4

• creates institutions of the state
• regulates relationship between them
• regulates relationship between state and individuals
• creates and allocates state power and limits them

Question 5

What is constitutionalism?

Answer 5

• limits the government
• protection of human rights

Question 6

What does an uncodified constitution mean?

Answer 6

• it is unwritten
• no single authoritative source of constitution
• UK has a sovereign Parliament (Parliament can make and unmake any law)

Question 7

What does a flexible constitution mean?

Answer 7

• no constitutional rule makes it more difficult to change than any other ordinary law

Question 8

Advantage of a flexible constitution

Answer 8

the constitution does not become out of date

Question 9

Disadvantage of flexible constitution

Answer 9

can be easily changed with a narrow majority meaning protection of human rights is at the behest of the government

Question 10

What does it mean to have an accountable government?

Answer 10

• parliamentary sovereignty
• government has support in parliament and drives law-making agenda
• government has power to keep parliament in check
• government must explain and justify what it is doing and why and correct wrongs

Question 11

What is legal and political constitutionalism in the UK?

Answer 11

• traditionally, political
• now, move to legal

Question 12

What is political constitutionalism?

Answer 12

• relationship between state and individuals based on political understandings rather than legal rules
• protection of constitution through political process not legal

Question 13

What is legal constitutionalism?

Answer 13

• relationship between state and individuals based on legal rules rather than political understandings
• faith in judiciary rather than political institutions
• protection of minorities requires legal process

Question 14

Multi-layered nature of the UK constitution

Answer 14

• devolution (traditionally a unitary state, now a union state)
• EU (EU law was superior to domestic law until Brexit)