The constitution

Question 1

unentrenched

Answer 1

no formal way to change or adapt constitution

Question 2

uncodified

Answer 2

constitution is not found in one single document, instead a variety of sources

Question 3

what is a constitution?

Answer 3

rule book for state, sets out fundamental principles by which state is governed, outlines who was what responsibilities

Question 4

what does a constitution prevent?

Answer 4

government from getting too powerful

Question 5

what 3 countries have an uncodified constitution?

Answer 5

UK, Isreal, New Zealand

Question 6

functions of constitution

Answer 6

• determine how sovereignty is distributed
  -determine balance of power between institutions and GOVt
  -establish political process
  -sets limit of GOVt power
  -asserts rights of citizens
  -establish how citizenship and nationality is established
  -contains rules for its own amendments

Question 7

name 3 sources of the UK constitution

Answer 7

1998 human rights act
(made ECHR be able to enforced in laws)

1689 Bill of Rights
(statement of citizens rights including right to bear arms)

1215 Magna Carta
(limited power of sovereign)

Question 8

what is statute law

Answer 8

Act of Parliament

Question 9

what is common law

Answer 9

laws established through the courts as a result of interpreting the law

Question 10

what is a treatie

Answer 10

international agreements that bind on to the UK

Question 11

what is authoritative works

Answer 11

great works of legal authority which act as a guide to operation of constitution

Question 12

what is convention

Answer 12

unwritten principles that are accepted as legally binding in the political community

Question 13

example of statute law

Answer 13

EU Act 2020.
Confirmed withdrawal of UK from EU

Question 14

example of convention

Answer 14

The Salisbury Convention

HoL must not obstruct proposals contained in winning parties election manifesto

Question 15

example of authoritative works

Answer 15

coalition agreement 2010
set our rules for forming a coalition GOVt.
Cons-LibDem

Question 16

example of a treatie

Answer 16

NATO

Question 17

example of common law

Answer 17

the offence of murder

Question 18

Bill of Rights

Answer 18

1689
limits power of royals and gives sovereignty to Parl
regular free elections
stop cruel punishments
basic rights of citizens

Question 19

Act of Union

Answer 19

1701
official union between Scotland and England
No catholics on the throne
Royal power passed to Parl

Question 20

HRA 1998

Answer 20

right to a fair trial
triggered by the ECHR
legally binding
liberty and personal security

Question 21

GOVt of Wales Act 1998

Answer 21

national assembly in wales created

Question 22

Scotland Act 1998

Answer 22

establishment of Scottish Parl
Additional member system

Question 23

HoL act 1999

Answer 23

removed all but 92 hereditary peers

Question 24

constitutional reform act 2005

Answer 24

established a Lord Speaker in HoL and creation of supreme court

Question 25

true or false
uncodified allow for easy reform

Answer 25

true

Question 26

True or false
referendums on constitutional matters can technically be overturned by parliament

Answer 26

true

Question 27

unitary (federal)

Answer 27

all legal sovereignty contained in a single place

Question 28

parliamentary sovereignty

Answer 28

Parl can make, unmake or amend any law

Question 29

devolution

Answer 29

dispersal of power, but not sovereignty

Question 30

constitutional monarchy

Answer 30

monarch is head of state but has no power to pass legislation

Question 31

lack of separation of powers

Answer 31

3 branches of GOVt overlap with eachother and roles are less defined

Question 32

In the UK, who (or what) has political sovereignty?

Answer 32

Electorate

Question 33

in the UK who (or what) has legal sovereignty?

Answer 33

parliament

Question 34

What process does the Supreme Court use to challenge executive actions?

Answer 34

Judicial Review

Question 35

Most referendums in the UK do not need to be respected/acted on by Parliament - what is the term for this?

Answer 35

Advisory

Question 36

Which 1991 case established the primacy of EU law over UK law?

Answer 36

Factortame

Question 37

The Supreme Court decided in 2017 that who/what needed to be consulted before the triggering of Article 50?

Answer 37

Parliament

Question 38

article 50

Answer 38

voluntary and unilateral withdrawal of a country from the European Union

Question 39

What created the European Union in 1991?

Answer 39

Maastricht Treaty

Question 40

Which law created the Supreme Court?

Answer 40

Constitutional Reform Act

Question 41

arguments IN FAVOUR of further devolution

Answer 41

-Devolution has been successful
-There are strong regional identities in areas such as Cornwall
- ‘West Lothian question’
-under the Barnett formula, England receives less funding from UK taxes per capita than other UK regions.

Question 42

arguments AGAINST extending devolution

Answer 42

-EVEL- no need for english parl
-There is little public appetite for an English Parliament( strong no vote for NE assembly )
-Power may end up being too fragmented,

Question 43

advantages of unentrenched constitution

Answer 43

flexible
evolutionary
Interpretation
Customary Law

Question 44

Customary Law

Answer 44

a general practice accepted as law

Question 45

how much of the uk constitution is written

Answer 45

80% written
20% convention