The British Constitution

Question 1

Constitutional Sources (4)

Answer 1

• Statute
• International Treaties
• Case Law
• Constitutional Conventions

Question 2

Constitutional Conventions summary (3)

Supports and modifies law, ie Sewel Convention

Answer 2

• Political, not legal
• May lead to change in law, recognised by law
• Obeyed as fear of consequences

Question 3

Problems with Constitutional Conventions

Answer 3

• Distinguishing between conventions and mere practice
• Open to different interpretations, meaning not clear
• Can be deliberately created?

Question 4

Uncodified constitution advantages (3)

Answer 4

• Flexibility, can be adapted to fit changing times
• Allows successful management of potential conflict
• Parliaments make decisions, not unelected judges

Question 5

Uncodified constitution disadvantages (2)

Answer 5

• Not clear to access as not written down

- Open to manipulation by Government

Question 6

Changing constitution (increased codification) (4)

Answer 6

• More of constitution contained in written rules, but conventions still relied on eg MINISTERIAL CODE
• Stronger role for courts
• quasi-federal division of acts (apparent separation)
• Increased use of constitutional referendums (EU Act 2011)