1.1.1 - The British Constitution

Question 1

Question 1
What is the purpose of a Constitution?

Answer 1

To determine who has power within a country and establish the power & limitations of the Government

A Constitution serves as a handbook for how politics should work within a country.

Question 2

Question 2
What is a Codified Constitution?

Answer 2

A constitution contained within one singular document

The United States of America has a Codified Constitution.

Question 3

Question 3
What is an Uncodified Constitution?

Answer 3

A combination of numerous documents, written laws, conventions & traditions

The United Kingdom has an Uncodified Constitution.

Question 4

Question 4
What is the format of a Codified Constitution?

Answer 4

A singular document

This format contrasts with an Uncodified Constitution, which consists of multiple documents.

Question 5

Question 5
Does a Codified Constitution have a constitutional hierarchy?

Answer 5

No, it does not have a constitutional hierarchy

The constitution is the ultimate legal & political power within a country.

Question 6

Question 6
What is the hierarchy of constitutional law for a Uncodified Constitution?

Answer 6

Descending order: Primary & Secondary legislation; Case law rules of Common & Equity law; Derived from precedent decisions; Parliamentary conventions

This hierarchy establishes which documents hold more weight.

Question 7

Question 7
How easy is it to amend an Uncodified Constitution?

Answer 7

It is very easy; Parliament just needs to create & pass a new law

This simplicity contrasts with amending a Codified Constitution.

Question 8

Question 8
How difficult is it to amend a Codified Constitution?

Answer 8

It is extremely difficult; a large volume of people must agree to a constitutional amendment

This process usually requires more consensus compared to an Uncodified Constitution.

Question 9

Question 9
What is an example of a Codified Constitution?

Answer 9

The US Constitution

Question 10

Question 10
What is an example of an Uncodified Constitution?

Answer 10

The UK Constitution

Question 11

Question 11
What are some advantages of a codified constitution?

Answer 11

• It provides clarity & certainty on Constitutional issues.
• It provides a clear framework for the exercise of power within a country’s political system.

Question 12

Question 12
What are some disadvantages of a codified constitution?

Answer 12

• It is difficult to amend as a large volume of people have to agree with the amendment for the amendment to be passed.
• It is inflexible & unable to adapt to changing circumstances, very rooted & stuck/ dated in the time in which it was written.

Question 13

Question 13
What are some advantages of an uncodified constitution?

Answer 13

• It is flexible & can be changed with the passing of a new law/ Act of Parliament.
• It allows for adaptation to changing times & is constantly evolving.

Question 14

Question 14
Give an example of flexibility in an uncodified constitution.

Answer 14

The day after the Dunblane school shooting (1996) in Ireland a law was passed banning the sale of handguns.

Question 15

Question 15
What is a disadvantage of an uncodified constitution?

Answer 15

It does have the ability to lead to uncertainty in regard to whether or not something is Constitutional.

Question 16

Question 16
Why does the UK have an Uncodified Constitution?

Answer 16

A major political regime switch, such as an independence war, typically gives rise to a codified constitution. This did not occur in the UK.

Question 17

Question 17
What is Sovereign Power?

Answer 17

The idea of the divine right to rule from the Christian God, usually given to a Monarch.

Medieval Monarchs, E.g. Henry V & Edward IV, claimed the divine right to rule over the people of England & Wales.

Question 18

Question 18
In the 21st century, who holds Sovereign Power in the UK?

Answer 18

The power is passed from the Monarch to the leader of the party that has been democratically elected.

For example in the UK, Charles III passed power to Keir Starmer in 2024.

Question 19

Question 19
Fill in the blank: A Codified Constitution usually arises after a major political regime switch, such as an _______.

Answer 19

Independence war

Can be another regime change, E.g. An abdication, Revolution, etc.

The US fought for independence against Britain in the 18th Century.

Question 20

Question 20
True or False: The UK has a Codified Constitution.

Answer 20

False

The UK instead has an Uncodified Constitution.

Question 21

Question 21
What are Statute Laws?

Answer 21

Laws or Acts of Parliament created & passed by Parliament

Statute Laws are a written element of the Constitution that can only be undone by another law or Act of Parliament.

Question 22

Question 22
How can Statute Laws be amended or undone?

Answer 22

By another law or Act of Parliament that changes/amends it

This ensures that Statute Laws are stable unless formally changed.

Question 23

Question 23
What is an example of a Statute Law?

Answer 23

The Human Rights Act of 1998

This Act is significant in protecting human rights in the UK.

Question 24

Question 24
What is the Government of Wales Act?

Answer 24

An Act introduced in 2006 that implemented most recommendations of the Richard Commission about a devolved Government in Wales

This Act aimed to enhance governance and legislative powers in Wales.

Question 25

Question 25 What was established in 1998 under Tony Blair?

Answer 25

In the 1st Government of Wales Act, Blair established a Welsh Assembly called the Senedd ## Footnote This was part of the Labour government's devolution agenda.

Question 26

Question 26 What legislative powers were given to the Senedd in 1998?

Answer 26

Secondary legislative powers ## Footnote This allowed the Senedd to make certain laws within its devolved competencies.

Question 27

Question 27 What was the purpose of the Richard Commission?

Answer 27

To research/ investigate ways in which devolution could be furthered in Wales ## Footnote This commission was established in 2002 and played a crucial role in the evolution of Welsh governance.

Question 28

Question 28 In what year did the Richard Commission publish its recommendations?

Answer 28

2004 ## Footnote The recommendations were focused on enhancing the governance structure in Wales.

Question 29

Question 29 What did the Richard Commission recommend regarding the Executive and Legislative?

Answer 29

A legal separation of the Executive & Legislative as individual legal entities ## Footnote This recommendation aimed to clarify the functions of governance in Wales.

Question 30

Question 30 What type of legislative powers did the Richard Commission recommend for Wales?

Answer 30

Devolution of Primary legislative powers ## Footnote This would allow Wales to make more significant laws affecting its governance.

Question 31

Question 31 What increase did the Richard Commission recommend concerning representatives in Wales?

Answer 31

An increase in the number of MS’ (Members of the Senedd) ## Footnote This was aimed at improving representation within the Welsh legislative framework.

Question 32

Question 32 What were the Richard Commissions recommendations?

Answer 32

* Legal seperation of the Executive & legislative * Devolution of Primary Legislative powers. * An increase in the number of MS'

Question 33

Question 33 What is Common Law?

Answer 33

Decisions on law or the constitution made by judges in courts

Question 34

Question 34 What are precedents in Common Law?

Answer 34

Rulings followed by a judge based on the ruling of a previous similar cases

Question 35

Question 35 What is the significance of precedents in Common Law?

Answer 35

They guide future cases by establishing legal principles

Question 36

Question 36 In the example of Donoghue v. Stevenson, what did Donoghue do?

Answer 36

Sued the manufacturer after falling ill from contaminated ginger beer that contained a decomposed snail she didn't see as the beer was opaque.

Question 37

Question 37 What was the outcome of Donoghue v. Stevenson?

Answer 37

Donoghue was successful in her lawsuit

Question 38

Question 38 What precedent was set by the case of Donoghue v. Stevenson?

Answer 38

Guidelines for similar cases involving product liability ## Footnote Even though she didn't buy the beer, her friend did. The company still owed a duty of care.

Question 39

Question 39 Fill in the blank: Common Law decisions are made by _______.

Answer 39

[judges in courts]

Question 40

Question 40 True or False: Common Law is solely based on statutes.

Answer 40

False

Question 41

Question 41 What is a written element of the constitution in Common Law?

Answer 41

The decisions made by judges

Question 42

Question 42 What are Works of Authority?

Answer 42

Old written books referenced by politicians and judges during constitutional crises.

Question 43

Question 43 Give an example of a Work of Authority.

Answer 43

Walter Bagehot’s 1867 novel ‘The English Constitution’.

Question 44

Question 44 What are Conventions in the context of constitutional law?

Answer 44

Unwritten, accepted ways of doing things that have emerged over time.

Question 45

Question 46 What is the conventional process called when the Monarch signs off on laws from Parliament?

Answer 45

Giving a Bill royal assent.

Question 46

Question 46 What is needed for a Bill to become Law in the UK?

Answer 46

Royal assent from the Monarch.

Question 47

Question 47 What happened to UK laws and treaties when the UK was part of the EU?

Answer 47

They were subject to EU laws and treaties, which took precedence over UK law.

Question 48

Question 48 Give an example of an EU law that took precedence over UK law.

Answer 48

The European Convention on Human Rights.

Question 49

Question 49 As of what year is the UK no longer a part of the European Union?

Answer 49

2025.

Question 50

Question 50 What is the significance of the UK no longer being part of the EU?

Answer 50

EU laws and treaties are no longer part of the UK Constitution.

Question 51

Question 51 What are the four sources of the UK Constitution?

Answer 51

* Statute Law * Common Law * Conventions * Works of Authority

Question 52

Question 52 What is Parliamentary Sovereignty?

Answer 52

It's the principle/ idea that Parliament is the supreme legal authority in the UK and can make or repeal any law on any subject.

Question 53

Question 53 Is one Parliament able to bind a future Parliament under Parliamentary Sovereignty?

Answer 53

No, each new Parliament has full authority to change or reverse previous laws.

Question 54

Question 54 Who has the power to undo a law made by Parliament?

Answer 54

Parliament is the only body that can undo a law it has made, by passing a new Act.

Question 55

Question 55 What is an example of the UK Parliament exercising Parliamentary sovereignty?

Answer 55

The UK Joining the EU & then choosing to leave.

Question 56

Question 56 What Parliamentary Act allowed the UK to join the European Union?

Answer 56

The European Communities Act 1972.

Question 57

Question 57 What Parliamentary Act allowed the UK to leave the European Union?

Answer 57

The European Union (Withdrawal) Act 2018.

Question 58

Question 58 How do the 1972 and 2018 Acts demonstrate Parliamentary Sovereignty?

Answer 58

They show that Parliament can both create and repeal major laws, such as joining and leaving the EU.

Question 59

Question 59 What is the Rule of Law?

Answer 59

The Rule of Law means no one can be punished or imprisoned without a fair trial, and no one is above the law—not even the government.

Question 60

Question 60 What protection does the Rule of Law guarantee for individuals?

Answer 60

It guarantees a fair trial before any punishment can be given.

Question 61

Question 61 Which legal case is a key example of the Rule of Law?

Answer 61

Entick v Carrington (1765).

Question 62

Question 62 What did government agents do in the Entick v Carrington case?

Answer 62

They broke into Mr. Entick’s home and seized private papers without a legal warrant. ## Footnote This was in an attemt to suppress criticism of the Government

Question 63

Question 63 What was the court's decision in Entick v Carrington (1765)?

Answer 63

The court ruled the agents acted unlawfully and had no legal authority.

Question 64

Question 64 What principle did the Entick v Carrington case reinforce?

Answer 64

That everyone, including government officials, must follow the law.

Question 65

Question 65 What is a Unitary State?

Answer 65

A Unitary State is a system where power is centred in a single, central authority.

Question 66

Question 66 Where is power primarily held in the UK?

Answer 66

Power is predominantly held in Westminster, the UK’s central Government and legislative body.

Question 67

Question 67 How has devolution affected the UK's Unitary State structure?

Answer 67

Devolution has given some powers to regional governments, like Scotland’s Parliament at Holyrood, but Westminster still holds most of the power.

Question 68

Question 68 What is Holyrood?

Answer 68

Holyrood is the Scottish Parliament, which has devolved powers from Westminster.

Question 69

Question 69 Despite devolution, who retains most authority in the UK?

Answer 69

Westminster retains the majority of governmental power.

Question 70

Question 70 What is a Constitutional Monarchy?

Answer 70

A system where the monarch is head of state & plays a ceremonial role in politics

Question 71

Question 71 What is one ceremonial duty of the monarch related to Parliament?

Answer 71

The monarch formally opens Parliament and reads the speech prepared by the Government.

Question 72

Question 72 Does the monarch have real political power in the UK?

Answer 72

No, their powers are ceremonial and symbolic; real political power lies with Parliament and the elected Government.

Question 73

Question 73 What are the Principles of the UK Constitution?

Answer 73

* Parliamentary Sovereignty * The Rule of Law * A Unitary State * Constitutional Monarchy

Question 74

Question 74 How did the UK's entry into the EU compare to other countries like France?

Answer 74

The UK joined much later than countries like France.

Question 75

Question 75 Why was the UK's entry into the EU controversial?

Answer 75

France had previously blocked the UK’s entry twice.

Question 76

Question 76 What was the result of the referendum on joining the EU?

Answer 76

67% Yes & 32% No.

Question 77

Question 77 Did views on Brexit follow traditional party lines?

Answer 77

No, opinions on Brexit didn’t align with left or right-wing politics.

Question 78

Question 78 What were some concerns about the EU's impact on workers?

Answer 78

Some believed the EU was damaging for workers' rights and opportunities.

Question 79

Question 79 How did EU membership affect UK sovereignty, according to critics?

Answer 79

Critics argued the UK lost sovereignty because it had to follow EU laws, which took precedence over UK laws.

Question 80

Question 80 What financial concern did some have about EU membership?

Answer 80

People felt the UK paid too much for its membership and got little in return.

Question 81

Question 81 Why did some people dislike how decisions were made in the EU?

Answer 81

They believed decisions were made by unelected bureaucrats in Brussels.

Question 82

Question 82 What was the stance of UK Prime Ministers on Brexit?

Answer 82

David Cameron and Theresa May supported Remain, while Boris Johnson supported Leave.

Question 83

Question 83 What made the legitimacy of the Brexit referendum controversial?

Answer 83

The result was very close—51.9% voted Leave and 48.1% voted Remain.

Question 84

Question 84 Why was there confusion over how to leave the EU?

Answer 84

There was no clear constitutional framework for leaving the EU, as no country had ever done it before.

Question 85

Question 85 Why did some people believe Parliament should have decided on Brexit instead of the public?

Answer 85

They felt many voters were not fully informed on the complex issue and that Parliament, with more expertise, should have made the decision.

Question 86

Question 86 What percentage of people living in the UK in 2016 were non-British?

Answer 86

About 8%, including around 3 million EU nationals.

Question 87

Question 87 Why were EU nationals significant to the UK during the Brexit debate?

Answer 87

They made up a large portion of the UK workforce, raising concerns about the economic impact of their potential departure.

Question 88

Question 88 What happened to UK nationals living in the EU after Brexit?

Answer 88

Many had to return to the UK because freedom of movement was restricted.

Question 89

Question 89 What historical conflict is linked to the Northern Irish border issue?

Answer 89

‘The Troubles’—a long-running conflict in Ireland over the border.

Question 90

Question 90 Who were the two main groups involved in The 'Troubles'?

Answer 90

Unionists (wanted to remain part of the UK) and Republicans (wanted an independent Irish state).

Question 91

Question 91 What agreement helped end The 'Troubles'?

Answer 91

The Good Friday Agreement.

Question 92

Question 92 Which US President played a key role in the Good Friday Agreement negotiations?

Answer 92

President Bill Clinton.

Question 93

Question 93 What is the 2022 Windsor Framework?

Answer 93

A post-Brexit solution to manage trade and customs between Northern Ireland and the EU/UK.

Question 94

Question 94 Where are goods checked under the Windsor Framework?

Answer 94

At ports in Northern Ireland on arrival.

Question 95

Question 95 What happens to goods going to the EU under this framework?

Answer 95

They are checked to ensure they meet EU standards before moving into the Republic of Ireland or the rest of Europe.

Question 96

Question 96 Are goods staying within Northern Ireland subject to checks?

Answer 96

No, they don’t need to be checked if they are not leaving Northern Ireland.

Question 97

Question 97 How did some people in Northern Ireland react to the Windsor Framework?

Answer 97

They were unhappy and feared it could reignite tensions similar to ‘The Troubles.’

Question 98

Question 98 How long did it take to agree on the Windsor Framework?

Answer 98

Around six years, covering Theresa May’s entire premiership and much of Boris Johnson’s.

Question 99

Question 99 Has the Windsor Framework fully resolved the border issue?

Answer 99

It has partially resolved it—described as having “kind of sorted it.”

Question 100

Question 100 Why is the UK Constitution considered hard to understand?

Answer 100

Because it's made up of a large volume of different sources, making decisions hard to interpret.

Question 101

Question 101 How would codification help with understanding political roles?

Answer 101

It would remove uncertainty about specific roles, like the powers and duties of the monarch.

Question 102

Question 102 What criticisms are there about elements of the UK political system?

Answer 102

Some elements are seen as outdated, inefficient, and undemocratic—E.g. hereditary nature of the House of Lords.

Question 103

Question 103 How could codification help in times of constitutional crisis?

Answer 103

It would provide clear rules to follow, preventing confusion—like in the 2010 hung Parliament situation.

Question 104

Question 104 What is a key criticism of the current separation of powers in the UK?

Answer 104

The executive has too much control over the legislature and local governments.

Question 105

Question 105 What is the name for the UK’s traditional constitutional system?

Answer 105

The Windsor Model.

Question 106

Question 106 Why do some value the current uncodified system?

Answer 106

It has worked for centuries, offering liberty and stability, and reflects British history and values.

Question 107

Question 107 What’s a challenge in creating a codified constitution in the UK?

Answer 107

It would be extremely difficult—if not impossible—to write one that satisfies everyone.

Question 108

Question 108 Does a codified constitution guarantee rights?

Answer 108

Not necessarily—countries like the US, Zimbabwe, and Russia have codified constitutions, but rights are not always protected.

Question 109

Question 109 Is there public demand for a codified constitution in the UK?

Answer 109

No, there’s little widespread interest or pressure for constitutional change among the British public.

Question 110

Question 110 What did the Human Rights Act 1998 do?

Answer 110

It incorporated the European Convention on Human Rights (ECHR) into UK law, allowing individuals to seek justice in domestic UK courts. ## Footnote This is a Reform made to the area of Rights

Question 111

Question 111 What does the Freedom of Information Act 2000 allow?

Answer 111

It allows the public to access to information held by public authorities, increasing transparency & accountability in government. ## Footnote This is a Reform made to the area of Rights

Question 112

Question 112 What did the Scottish Parliament get when established in 1998?

Answer 112

Granted primary legislative and tax-raising powers, allowing Scotland to pass laws & make decisions in areas like education, health, & transport. ## Footnote Reforms via Devolution

Question 113

Question 113 What did the Northern Irish Assembly get when established in 1998?

Answer 113

Granted primary legislative powers under the Good Friday Agreement to help maintain peace & political stability. ## Footnote Reforms via Devolution

Question 114

Question 114 What did the Welsh Assembly get when established in 2000?

Answer 114

Initially with secondary legislative powers, it later gained primary legislative powers in 2011, enabling Wales to make laws in areas like health & education. ## Footnote Reforms via Devolution

Question 115

Question 115 What reforms were made for the Mayor of London in 2000?

Answer 115

A directly elected Mayor of London & a London Assembly were created to oversee local governance in areas such as transport, planning, & policing. ## Footnote Reforms via Devolution

Question 116

Question 116 How did the introduction of elected mayors in 2000 affect local government?

Answer 116

It allowed some English cities to directly elect mayors, giving them more localized power and responsibility in governance. ## Footnote Reforms via Devolution

Question 117

Question 117 What change did the Electoral Systems reform in 1998 bring?

Answer 117

New proportional representation-based electoral systems were introduced for devolved assemblies, the European Parliament, and elected mayors, making elections more representative. ## Footnote Electoral Reform

Question 118

Question 118 What major reform took place in the House of Lords in 1999?

Answer 118

The House of Lords Act 1999 removed all but 92 hereditary peers, reforming the House to make it more democratic. ## Footnote Reform to the Parliamentary system

Question 119

Question 119 What minor reforms were made to the House of Commons in 1999?

Answer 119

Limited changes were introduced to improve the workings of the House, including reforms to the Speaker and committee selections. ## Footnote Reforms to the Parliamentary System

Question 120

Question 120 What was the effect of the Constitutional Reform Act 2005?

Answer 120

It created the Supreme Court of the UK, separated the judiciary from the executive, and reformed the role of the Lord Chancellor. ## Footnote Reforms to the Judiciary

Question 121

Question 121 When did the Supreme Court of the UK start working?

Answer 121

The Supreme Court began its work in October 2009, replacing the Appellate Committee of the House of Lords. ## Footnote Reforms to the Judiciary

Question 122

Question 122 What was the purpose of the Judicial Appointments Committee established in 2009?

Answer 122

It was created to ensure an independent, transparent, and non-political process for selecting judges. ## Footnote Reforms to the Judiciary

Question 123

Question 123 How did the Constitutional Reform Act 2005 change the role of the Lord Chancellor?

Answer 123

The role was altered by transferring judicial and legislative functions to separate individuals, ensuring the separation of powers.