Key Principles of the UK Constitution

Question 1

Memorandum of understanding 2012?

Answer 1

Between UK govt. & devolved areas - non-legally binding principles that define relationships between administrations

Question 2

Convention that applies when UK Parliament wants to legislate matters with devolved competence?

Answer 2

Sewell Convention

Question 3

Matters outside the competence of devolved administrations?

Answer 3

Reserved matters

Question 4

If a matter is not a ‘reserved matter’ will legislation passed by Parliament still have legal effect in devolved area?

Answer 4

Yes - but convention is that consent of devolved administration should be sought

Question 5

What is the Salisbury-Addison convention

Answer 5

HoL should not at 2nd reading of reject govt. legislation that has been passed at HoC that carries manifesto commitment

Question 6

Are conventions law?

Answer 6

No - cannot be legally enforced (but courts will recognise…) R (Miller) v SoS for exiting the EU 2017: court rejected that the govt. had to seek Scottish Government approval (Sewell convention) for exiting EU as it was in Scottish Act - court said this was acknowledgment to rule but did not create new law

Question 7

What is Parliament?

Answer 7

Sovereign, HoC and HoL. HoC has 650 MPs and HoL has 775 unelected life peers

Question 8

What does parliament do?

Answer 8

Most legislation (but not all) starts with proposal by the executive. Parliament;

• Debate/scrutinise proposed legislation
• propose amendments
• Extract info from executive and hold them to account
• Scrutinise public expenditure & taxation

Question 9

What did the Constitutional Reform Act 2005 do re. HoL?

Answer 9

HoL judicial function was separated from Parliament - also marked the end of the Lord Chancellor’s combined role as head of judiciary, member of executive and Speaker of HoL.

Question 10

What happened in 2009 to judicial function of law lords?

Answer 10

Transferred to Supreme Court - they became first Justices of the Supreme Court.

Question 11

Can HoL block decisions on public finance by HoC?

Answer 11

No - they can consider, but not block. Sole responsibility of HoC.

Question 12

What happens to ‘Government defeats’ (of bills) in HoL, are they scrapped completely?

Answer 12

Not normally - usually results in amendments to legislation by government as opposed to wholesale defeat of the Bill.

Question 13

What is Dicey’s definition of ‘what is a constitution?’

Answer 13

“that set of rules that directly or indirectly affect the distribution and exercise of sovereign power in the state”

Question 14

Purpose of Montevideo Convention of Rights and Duties of States?

Answer 14

Defines ‘state’ Art 1.

Question 15

What are the three ‘functions of the state’?

Answer 15

1. The Legislature (HoC, HoL and the Monarch)
2. The Executive (PM and Cabinet)
3. The Judiciary (all judges at all levels)

Question 16

Is it correct to say the UK has ‘no written constitution’?

Answer 16

No - a more accurate statement is that the ‘constitution of the UK is uncodified’

Question 17

Where do constitutional rules come from?

Answer 17

1. Legislation
2. Case law
3. Custom and practice

Question 18

What is a constitutional statute, as per Thoburn v Sunderland City Council [2002]?

Answer 18

one which ‘conditions the legal relationship between the citizen and the state in some general, overarching manner’
for example: magna carta 1215, bill of rights 1689 and human rights act 1998

Question 19

Importance of Entick v Carrington 1765?

Answer 19

Entick suspected of writing anti-govt. pamphlets had property searched by King with force. Entick sued; defence was that they acted with authority of lord halifax, King’s minister
PRECEDENT: established fundamental constitutional rule that the state cannot exercise power unless power is expressly authorised by law

Question 20

General principles of constitutionalism?

Answer 20

1. exercise of govt. power must be within legal limits and accountable in law
2. power is dispersed
3. govt. is accountable to the people
4. fundamental rights and freedoms of citizens are protected

Question 21

Advantage of an uncodified constitution?

Answer 21

Flexibility and capacity to change and evolve

Question 22

Importance of Case of Proclamations [1610]?

Answer 22

1. Monarch could only make new laws through Parliament

2. King hath no prerogative power but that which the law of the land allows him

Question 23

What did the Bill of Rights 1689 do?

Answer 23

Affirmed Magna Carta, limited power and reaffirmed certain civil rights. It is seen as establishing the concept of parliamentary sovereignty!

Question 24

Basic structure of ‘executive’?

Answer 24

1. Monarch (though largely symbolic)
2. PM and Cabinet (22 senior govt. ministers called SoS)
3. Govt. departments - run by politically independent civil servants

Question 25

What happens to Ministers if there’s a change of government?

Answer 25

They leave their post - they are Ministerial political appointees. Also not fixed; governments can and often do make changes regardless. ‘Cabinet reshuffle’.

Question 26

Does the allocation of funds to govt. departments require the approval of Parliament?

Answer 26

Yes

Question 27

Importance of Carltona Ltd v Commissioners of Works [1943]?

Answer 27

Principle that the action of govt. department officials are synonymous with actions of the Minister in charge

Question 28

Difference of local governments from central governments?

Answer 28

Local authorities responsible for: implementation of central policies, collection of council tax, maintenance of highways etc.
Be aware - constitutional principles also limit local government - and exercise of local govt. power is reviewable by administrative court in same way.

Question 29

Role of the Administrative Court?

Answer 29

Determine whether the gov has lawfully exercised its powers (judicial review). Appeals lie to CoA (Civil Division) and Supreme Court ultimately.

Question 30

Role of Lord Chancellor?

Answer 30

Dule role - administration of court system and SoS for Justice.

• uphold independence of judiciary s3(1) Constitutional Reform Act 2005
• must not seek to influence particular judicial decisions s3(4) CRA

Question 31

Importance of Cherry and Miller (No 2) [2019]?

Answer 31

Issue of justiciability - Court rejected govt’s argument that prorogation of Parliament was merely a political issue and therefore not justiciable

Question 32

What did Lady Hale say in a speech on 9 Nov 2016?

Answer 32

That the Supreme Court have become ‘guardians of the Constitution’

Question 33

What is the Monarch’s current constitutional role?

Answer 33

Very limited powers.

1. appointing PM
2. dissolving Parliament in some circumstances
3. Giving ‘royal assent’ to Acts