Development, Principles + Sources of the UK Constitution

Question 1

What is a constitution? - (Development)

Answer 1

A constitution is a legal framework which outlines how a state should be governed legally and correctly.

Question 2

What is a codified constitution? Give an example - (Development)

Answer 2

A codified constitution is a constitution which is written all in one place and was produced at one time.
An example is the USA’s Constitution.

Question 3

What is an uncodified constitution? Give an example - (Development)

Answer 3

An uncodified constitution is a constitution which is not all written in one place and was not produced at one single time. It has developed over time.
The UK/New Zealand have uncodified constitutions.

Question 4

What is an entrenched constitution? Name an example - (Development)

Answer 4

An entrenched constitution is a constitution which requires special measures being met for amendment to be completed.
An example is the USA’s constitution.

Question 5

What is an unentrenched constitution? Name an example - (Development)

Answer 5

An unentrenched constitution is a constitution which does not require any special measures to be met for amendment, meaning that it can be altered in the same way as any other parliamentary act.
The UK Constitution is unentrenched.

Question 6

What is a unitary constitution? Give an example - (Development)

Answer 6

A unitary constitution is a constitution which has one singular source of all its political sovereignty.
The UK constitution is unitary, with all of its political sovereignty based at Westminster.

Question 7

What is a federal constitution? Give an example - (Development)

Answer 7

A federal constitution is a constitution which divides political sovereignty to smaller centres within a state, having multiple centres of political sovereignty.
The USA’s constitution is federal, as it divides sovereignty between 50 federal states and several territories.

Question 8

When was the Magna Carta signed? Why? How did this develop the UK’s constitution? - (Development)

Answer 8

The Magna Carta was signed in 1215 by King John under pressure from his Barons. This developed the UK Constitution as it established the rule of law for all in England, even the King, after he had used disproportionate power. Also established HABEAS CORPUS.

Question 9

When was the Bill of Rights signed? Why? How did this develop the UK Constitution? - (Development)

Answer 9

The Bill of Rights was signed in 1689 by William and Mary after the Glorious Revolution. It established freedom of speech for MPs, regular free and fair elections as well as for the monarch to always adhere to the law.

Question 10

When was the Act of Settlement signed? Why? How did this develop the UK Constitution? - (Development)

Answer 10

The Act of Settlement was signed in 1701 in order to solve a crisis around the succession of the throne, eventually leading to the ascension of the Hanoverians. Confirmed that the monarch HAD TO BE PROTESTANT.

Question 11

When was the Act of Union signed? How did this develop the UK constitution? - (Development)

Answer 11

The Act of Union was signed in 1707, which unified the parliamentary sovereignty of England and Scotland at a single parliament in Westminster. Created the Union of the 2 countries.

Question 12

How did the 1911 Parliament Act develop the UK Constitution? - (Development)

Answer 12

The 1911 Parliament Act established the Commons as the senior chamber and removed the power to veto a law from the Lords. Made it so that they could only delay legislation for a maximum of 2 years. Also reduced length of max parliament to 5 years from 7.

Question 13

How did the 1949 Parliament Act develop the UK Constitution? - (Development)

Answer 13

The 1949 Parliament Act reduced the length of time by which the Lords were able to delay legislation by to 1 year at maximum.

Question 14

How has the Salisbury Convention developed the UK Constitution? - (Development)

Answer 14

The Salisbury Convention developed the UK Constitution as it established the convention that no manifesto pledge by the winning party should be blocked from becoming legislation by the Lords.

Question 15

When was the European Communities Act signed? How did this develop the UK Constitution? How did this impact sovereignty? - (Development)

Answer 15

The European Communities Act was signed in 1972, which confirmed the UK’s position within the trading bloc of the EEC (now EU). This pooled a certain amount of the UK’s sovereignty in Brussels with that of other member states.

Question 16

When was the EU Notification of Withdrawal Act signed? How did this develop the UK Constitution? - (Development)

Answer 16

The EU Notification of Withdrawal Act was signed in 2017 following a referendum on EU Membership in 2016. Began the process of the UK’s withdrawal from the EU and fully returned parliamentary sovereignty to the UK.

Question 17

What is Parliamentary Sovereignty? What impacts are there of Parliamentary Sovereignty? - (Development)

Answer 17

Parliamentary Sovereignty is the belief that Parliament is the highest authority in the country. No parliament can bind successors or be bound by predecessors and parliament can pass whatever laws it chooses.

Question 18

What is the Rule of Law? - (Development)

Answer 18

The Rule of Law is the belief that everyone is equal before the law and SHOULD be equally subjected to it. Everyone has right to fair trial and must not to be imprisoned without fair reason.

Question 19

What are the 5 main sources of the UK Constitution? - (Development)

Answer 19

Statute law, common law, conventions/traditions, authoritative works and treaties.

Question 20

What are statutes? Give an example of constitutional statutes - (Development)

Answer 20

Statutes are laws passed by Parliament, also known as Acts of Parliament. An example of a constitutional statute is the Scotland Devolutionary Act of 1998 and the Parliament Acts.

Question 21

What is common law? - (Development)

Answer 21

Common law is law made by judges.

Question 22

What are conventions and traditions? What are examples of constitutional conventions/traditions? - (Development)

Answer 22

Conventions and traditions are rules which are observed by parliament and government, despite not technically being written as statutes. These include the Salisbury Convention, the tradition that the King doesn’t enter Parliament without permission and that the King invites the winning party at election to form a government.

Question 23

What are authoritative works? What is an example of these? - (Development)

Answer 23

Authoritative works are texts that have been written on parliamentary and governmental processes and have been incorporated into the UK Constitution as a result of their use. Examples include AV Dicey and Erskine May.

Question 24

What are treaties? What examples are there of constitutional treaties? - (Development)

Answer 24

Treaties are internationally binding agreements that outline legal obligations between 2 or more states. These include the Maastricht Treaty (creating the EU) and the Brexit Agreement with the EU.

Question 25

What arguments are there FOR the UK having a codified and entrenched constitution? - (Development)

Answer 25

Entrenchment would make the abolition of human rights through the passing of a statute more difficult for an abusive government, an Entrenched Bill of Rights would provide greater protection and clarity for citizens about rights, a constitutional court could be created to rule on the validity of government actions. EXTRA SCRUTINY.

Question 26

What arguments are there AGAINST an entrenched and codified UK Constitution? - (Development)

Answer 26

There is little public demand for change, codification would challenged the principle of PARLIAMENTARY SOVEREIGNTY, lack of codification allows for greater flexibility on constitutional matters in changing political landscape, a strong executive can make fast decisions which wouldn’t be possible with entrenchment.