The Constitution

Question 1

Constitution ?

Answer 1

Set of fundamental rules which defines how a country is governed

Question 2

Thomas Paine on Constitution ?

Answer 2

“Government without a constitution is Power without Right”

Question 3

What does a Constitution do ?

Answer 3

• Establishes duties of gov
• Regulates relations between the state and individual
• Determines power distribution
• Establishes citizenship
• Outlines individual rights

Question 4

Codified Constitution ?

Answer 4

Arranged into one document like USA

Question 5

Uncodified Constitution ?

Answer 5

where it is made from multiple sources and documents like the UK

Question 6

Positives of Codified ?

Answer 6

• Authoritative
• Easy to follow
• Rigid and cannot be argued
• Allows for citizens to know their rights

Question 7

Negatives of Codified ?

Answer 7

• Hard to make changes
• Hard to bring all aspects together

Question 8

Positives of Uncodified ?

Answer 8

• Gives more power to judges under common law
• Can easily be altered

Question 9

Negatives of Uncodified ?

Answer 9

• Hard to follow
• Subject to debate
• Likely to be questioned

Question 10

What makes up the UK Constitution ?

Answer 10

• Statute Law
• Common Law
• EU Treaties & Law
• Authoritative Works
• Conventions

Question 11

Statute Law ?

Answer 11

Laws passed by acts in parliament

Question 12

Common Law ?

Answer 12

Laws formed on precedent based off previous judicial decisions

Question 13

EU Laws & Treaties ?

Answer 13

Any laws passed while still in the EU are enforced but any after do not apply

Question 14

Conventions ?

Answer 14

Rules by traditions over time (not legally binding)

Question 15

Authoritative Works ?

Answer 15

Sources of guidance written in the past that are widely recognised (Eg. A.V Dicey 1885)

Question 16

What are the features of a Constitution ?

Answer 16

• Codified / Uncodified
• Flexible / Rigid
• Fundamental law / Equality of law status
• Unitary / Federal
• Monarchical / Republic
• Presidential / Parliamentary
• Based on the sovereignty of parliament / people

Question 17

What are the Origins of the UK Constitution ?

Answer 17

What individual things make up the constitution, including any amendments

Question 18

Magna Carta (1215)

Answer 18

Signed by King John :
- Monarch cannot raise taxes without public consent
- Everyone has the right to a fair trial

Question 19

Bill of Rights (1689)

Answer 19

Signed by William of Orange :
- King cannot interfere with parliament
- Parliament is Sovereign
- Parliament sits on a regular basis

Question 20

Act of Settlement (1701)

Answer 20

Parliament refused a Catholic heir to William III so appointed George of Hanover :
- Parliament can choose the monarch
- Judges cant be removed by the King
- Monarch speaks to Privy Council
- Monarch cant take country to war

Question 21

Act of Union (1707)

Answer 21

Scottish parliament dissolved and Westminster takes over until 1999

Question 22

Parliament Act (1911)

Answer 22

Commons have power overt the Lords :
- Only commons can decide on money bills
- Lords can only delay a bill
- Election every 5 years not 7

Question 23

Parliament Act (1949)

Answer 23

• Lords can only block legislation for a year not 2
• Any majority gov =can bypass the Lords
• Elective Dictatorship

Question 24

European Communities Act (1972)

Answer 24

EU laws become British laws :
- EU laws take priority
- If clash, British laws struck down

Question 25

EU Withdrawal Bill

Answer 25

- Revokes the 1972 act to leave EU as of march 2019 - All EU laws from while we were a member still apply but new ones do not

Question 26

Principles of the UK Constitution ?

Answer 26

- Rule of law - Separation of powers - Parliamentary Sovereignty - Constitutional monarchy - Unitary state

Question 27

Rule of Law ?

Answer 27

Contact between the ruler and the ruled to say that there are rules we must follow

Question 28

Separation of Powers ?

Answer 28

Government is split into 3 : Legislative Executive Judiciary

Question 29

Parliamentary Sovereignty ?

Answer 29

Parliament is the highest decision making authority in the UK and any acts passed must be obeyed by everyone

Question 30

Constitutional Monarchy ?

Answer 30

Monarch shares power with parliament which mostly has higher authority

Question 31

Unitary State ?

Answer 31

Only one government rules over the whole country and power is not separated

Question 32

Some Labour reforms to constitution 1999 - 2010 ?

Answer 32

House of Lords Reform Act 1999 - Removes all but 92 hereditary peers and the house is only life peers Constitutional Reform Act 2005 - Separates Judiciary from legislature and creates the supreme court

Question 33

Some Conservative reforms to constitution 2010 - 2016 ?

Answer 33

Fixed Term Parliament Act 2011 - Fixed parliamentary terms to 5 years The Scotland Act 2012 - Gave Scottish parliament the power to vary income tax up/down by 10p as well as being able to borrow 2.2bn

Question 34

Devolution ?

Answer 34

Process by which power, but not sovereignty, is distributed away from central governments to regional governments

Question 35

Types of devolution ?

Answer 35

- Administrative : Public funds and carrying out of laws - Financial : Raise taxes and spend how they want - Legislative : Create primary legislation through parliament

Question 36

Devolution in Scotland ?

Answer 36

- Nationalism stronger sop more power given - Scotland Act 2012 - Power over education, public services, economic development and agriculture

Question 37

Devolution in Wales ?

Answer 37

- Nationalism weaker so less power given - Welsh Act 2014 - Control education, housing, economic development and heavy agriculture

Question 38

Devolution in Northern Ireland ?

Answer 38

- Lack of power du8e to disagreement between nationalist and unionist parties during 'the troubles' - Stormont often collapses and comes under the control of Westminster (02'-07') - Controls pensions, local gov, justice, public services

Question 39

Positives of Devolution ?

Question 40

Negatives of Devolution ?