WK 1 - Nature & Characteristics of UK Constitution

Question 1

What kind of nature does UK constitution contain?

Answer 1

Multi-layered

Question 2

Which classification of constitutions does UK follow?

Answer 2

Legal and political (who has final say and accountability mechanisms / accountable government + uncodified constitution)

Question 3

Define ‘codify’

Answer 3

To arrange laws or rules into a systematic code

Question 4

The UK’s parliament is…

Answer 4

sovereign

Question 5

What is a constitutional convention?

Answer 5

Rooted in tradition and have been adhered to for centuries

Question 5

Define a sovereign parliament

Answer 5

Ability to make or unmake any laws

Question 5

How many authoritative sources of UK constitution are there?

Answer 5

No single authoritative source of constitutional law

Question 6

Does the UK have a flexible constitution? Why?

Answer 6

Yes, in the sense that no constitutional rule makes it more difficult to change the
constitution compared to ordinary law

Question 7

Describe the (dis)advantages of an uncodified constitution

Answer 7

ADV: Does not become out-of-date.

D-ADV: Constitution can be easily amended, even with narrow majority.
Protection of rights at behest of gov’t

Question 8

Who has support in Parliament and drives law-making agenda?

Answer 8

The Government

Question 9

Explain the critical role of executive power (think: PM)

Answer 9

• Important to keep gov’t power in check
• This involves correcting gov’t wrongs, holding to account, explain/justify, etc.

Question 10

Does the UK use a legal or political mechanism?

Answer 10

Now, more political.

Traditionally, legal.

Question 11

Describe a political constitution

Answer 11

• Relationships between state institutions based on political understandings rather than legal rules.
• Protection of constitution through political process over legal (e.g., courts)

Question 12

Describe a legal constitution

Answer 12

• Relationships between state institutions based on legal rules and put faith in the
  judicial, not the political, system
• Ensuring protection of minorities requires legal process

Question 13

Give examples of legal constitution

Answer 13

Human Rights Act 1988
Expansion of judicial review

Question 14

Describe the multi-layered nature

Answer 14

(1) Devolution
(2) EU law

Question 15

Describe role of devolution in UK constitution

Answer 15

• UK traditionally a uniting and central state
• Late 1990s - Creation of separate governments in Scotland, Wales and NI

Question 16

Describe role of EU in UK constitution

Answer 16

• The EU law was superior to domestic law until the UK left the EU
• Brexit - Scotland and NI voted Remain