Introduction

Question 0

What type of constitution does Britain has?

Answer 0

An unwritten constitution

Question 1

What is a constitution?

Answer 1

A set of rules which details a country’s system of government.

Question 2

What does a constitution does?

Answer 2

Sets out broad principles concerning who makes the law and how, and allocates power between the main institution of the state- government, parliament and the judiciary

Question 3

What are the main institutions of the state?

Answer 3

Government, parliament and the judiciary

Question 4

In what context does the English Legal System operate?

Answer 4

In the context of a constitution

Question 5

What type of constitution does Britain has?

Answer 5

An unwritten constitution

Question 6

When can a constitution could have been written?

Answer 6

After a major political change such as revolution or securing independence from a colonial power.

Question 7

Sources of Britain’s constitution?

Answer 7

Acts of Parliament, judicial decisions and conventions

Question 8

Are conventions law?

Answer 8

No, they are not law but are long established traditions which tend to be followed; social rules that people follow.

Question 9

Example of a convention?

Answer 9

The queen does not refuse to give her consent at Acts of Parliament

Question 10

Are conventions enforced by the courts?

Answer 10

No, they are not enforced by the courts as they are not law.

Question 11

3 basic principles underlying in the British constitution?

Answer 11

1. Seperation of powers
2. Supremacy of the parliament
3. The rule of law

Question 12

Who was Montesquieu?

Answer 12

A 18th century french philosopher

Question 13

What did Montesquieu said concerning to the separation of powers?

Answer 13

The power of the state can be divided into 3 types; Executive, legislative and judicial.

Question 14

Into what types can the states power be divided?

Answer 14

1. Executive (government and it’s servant; police and civil servants)
2. Legislative (parliament)
3. Judicial (exercised by judges)

Question 15

Who are the ‘executives’?

Answer 15

Government and its servants (police and civil servants)

Question 16

According to Montesquieu, what should be done to the 3 types of powers?

Answer 16

They should not be concentrated within the hands of one person as this would give them absolute control

Question 17

Why should there be a separation of powers?

Answer 17

So as one person cannot have absolute control.

Question 18

Other name of ‘supremacy of the parliament’?

Answer 18

Parliamentary Sovereignty

Question 19

What does parliamentary sovereignty means?

Answer 19

Parliament is the highest source of the English Law

Question 20

According to the rules of parliamentary sovereignty, what should therefore happend?

Answer 20

If laws has been passed according to the rules of parliamentary procedure, it must be applied by the courts.

Question 21

What did legal philosopher Dicey explained?

Answer 21

‘According to the principle of parliamentary sovereignty, parliament has the right to make or unmake any law and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of parliament’
This signifies that whatever the law, the courts will be obliged to uphold them even if there might be a public outcry, and the law will be valid.

Question 22

Why will have the courts obliged to uphold laws made by parliament?

Answer 22

Because according to the rules of parliamentary sovereignty and because the parliament unlike the judiciary is democratically elected, and therefore have the upper hand when making the laws that every citizen have to live by.

Question 23

Why does the parliament have an upper hand in making the law?

Answer 23

Because the parliament is democratically elected.

Question 24

What if parliament passed an Act stating that all newborn boys be killed?

Answer 24

There would be an enormous public outcry but still, the law would be valid

Question 25

How can the rights of people be protected?

Answer 25

By incorporating what is known as a Bill of Rights

Question 26

What does a bill of rights contains?

Answer 26

The statement of the basic rights which citizens can expect to have protected from the state interference.

Question 27

How can a bill of rights be?

Answer 27

In the form of a written constitution or a separate document.

Question 28

How the job a bill of rights is done in many countries?

Answer 28

By incorporating into the national law the European Convention on Human Rights.

Question 29

What is the European Convention on Human Rights?

Answer 29

An international treaty which was agreed after the Second World War.

Question 30

What does the treaty of the European Convention of Human Rights seeks to do?

Answer 30

It seeks to protect basic human rights such as freedom of expression, of religion and of movement.

Question 31

What can you say about a Bill of Rights and other laws?

Answer 31

A Bill of Rights takes precedence over other laws and the courts are able to refuse to apply legislation which infringes any of the rights protected by it?

Question 32

How can the court able to refuse to apply legislation?

Answer 32

By incorporating the Bill of Rights, thus rejecting legislation which infringes with it.

Question 33

What can happen if the laws set in a Bill of Rights infringes with local law?

Answer 33

The courts have the rights to set aside and refuse to apply any legislation infringing any of the rights protected by it.

Question 34

When was the European Convention of Human Rights incorporated into the English law?

Answer 34

In October 2000

Question 35

Does the Human Rights Act 1998 takes over the English Law?

Answer 35

No, it requires that wherever possible, legislation should be interpreted inline with the principles of the conventio, but it does not allow the courts to override statutes that are incompatible with it, nor does it prevent parliament from making laws that are in conflict with it.

Question 36

What does section 19 of the Human Rights Act 1998 states?

Answer 36

Whenever a new legislation is made, a government minister must make a statement before the second reading of the bill in parliament saying whether the bill is compatible with the convention, or even if they are not, the government wishes to proceed with the bill anyway.