Constitutional Fundamentals and Sources of the Constition

Question 1

What is the royal prerogative?

Answer 1

The residue of discretionary or arbitrary authority, which at any given time is legally left in the hands of the Crown

Question 2

How is the royal prerogative commonly exercised?

Answer 2

By convention by the Prime Minister and other government ministers on behalf of the Monarch

Question 3

What are restrictions on the use of the royal prerogative?

Answer 3

Cannot be used to authorise expenditure

Cannot be used in a way that contradicts a statutory power

Question 4

What are constitutional conventions?

Answer 4

Non-legal source of law (therefore not directly enforced by courts)

Question 5

What are the purposes of constitutional conventions?

Answer 5

To limit power of the Monarch

To ensure Government is accountable to Parliament for its actions

To maintain SoP

Question 6

What is the most accurate way to describe the UK’s constitution?

Answer 6

Unitary, unwritten, flexible, monarchical, NO formal SoP

Question 7

Can primary legislation retrospectively alter any legal rule or judgment?

Answer 7

Yes

Question 8

What is the sub judice rule? Where does it come from?

Answer 8

Prevents MPs or Lords from discussing matters which are currently or imminently being considered by the Courts

Basis is in a formal law of parliament