How did the British develop a Constitution?

Question 1

when was the Magna Carta signed

Answer 1

1215

Question 2

why was the Magna Carta created

Answer 2

King John taxed his people and then didn’t follow the law

Question 3

what did the Magna Carta do

Answer 3

• Limited King Johns power
• Gave all freemen the chance to a just trial in front of peers (jury)
• Individual liberty - freedom as an individual to go about our lives how we choose

Question 4

how is the Magna Carta like a constitution

Answer 4

It’s a set of rules outlining the rights of citizens in a country, and balance out power

Question 5

why wouldn’t the Magna Carta work as a constitution nowadays

Answer 5

because times have moved on and some of it’s rules wouldn’t apply in modern day e.g. it only applied to freemen and they only made up a small percentage of people in 1215

Question 6

what is a codified constitution

Answer 6

A constitution in which all of the fundamental rules that govern a country or state and many of the principles that underpin it are set out in a single authoritative document

Question 7

what are other features of a codified constitution

Answer 7

1. Often formed after a particular point in a country’s history e.g. South Africa after Apartheid
2. Contains rules for changing or amending it e.g. Article V of the US Constitution
3. Codification implies that constitutional rules are higher than other laws
4. Gives and upholds the rights of citizens, e.g. US Bill of Rights
5. Provides a focus for national identification e.g. US Constitution
6. Citizens can easily access it, e.g. US Constitution
7. Creates a 2-tier legal system e.g. a separate court for constitutional matters

Question 8

what is an uncodified constitution

Answer 8

A constitution where the laws, rules and principles detailing how a state should be governed are not gathered in a single document

Question 9

other features of an uncodified constitution

Answer 9

1. Not written down in a single document in an organised way
2. Parts of the constitution might be written down in different places
3. Some aspects might be written down and some just exist e.g. the reliance on the use of conventions in the British constitution
4. There are no rules of entrenchment and so It is easy to change or amend
5. Constitutional laws have the same status as ordinary laws, i.e. there is no fundamental law
6. The actions of the courts are limited as there is no written document to name a special court constitutional