The nature and sources of the Uk Constitution

Question 1

What is a Constitution ?

Answer 1

• A set of rules
  -Defines relationship between government and citizen
  -Defines the limits to governments power

Question 2

What is Government?

Answer 2

Prime Minister and the cabinet

Question 3

What does codified constitution mean ?

Answer 3

a constitution written in one place

Question 4

What is the Uk constitution ?

Answer 4

• Uncodified
  -Unitary constitution

Question 5

What is the difference between Unitary and Federal governments ?

Answer 5

concerns where. ultimate power resides in a state

Question 6

What does Unitary mean ?

Answer 6

Power is divided between states who lend overreaching powers to the federal government

Question 7

What are the sources of the U.K constitution ?

Answer 7

-Statute law
-Common law
-Constitutional conventions
-Works of authority
-The Royal Prerogative
-EU law

Question 8

What is Statute law ?

Answer 8

-Most important law that makes up the constitution (law is sovereign)
-Laws/acts passed by Parliament
-A written law
e.g Human rights act 1998

Question 9

What is Common Law ?

Answer 9

-The laws made by judges
-Deals with open ended aspects of the law
-Judges are bound by legal precedents
-Often use past cases to define the laws created
e.g Diane Pretty case

Question 10

What are constitutional conventions ?

Answer 10

-They enable politics and parliament to run smoothly
-Not written down, but are generally agreed
-Non legal rules = code of conduct
e.g Ministrel code

Question 11

What is the Royal Prerogative ?

Answer 11

-Formal powers of the monarch that are in practice by the PM and government
-Appointing ministers, making international relation treaties and calling general elections, lie with the executive and not the legislative

Question 12

What is EU law ?

Answer 12

-Still applies in the Uk till we reform it
-Competition law and trade with other countries are the main laws but they have started to change due to Brexit
-EU law took precedence over Uk Law (no longer)

Question 13

Constitutional changes : What is the House of Lords Act 1999 ?

Answer 13

removed all but 92 hereditary peers from the House of Lords and allowed for the introduction of more live peers.

Question 14

Constitutional changes : What is the Human Rights Act 1998 ?

Answer 14

-Incorporated the rights in the European convention on Human Rights into UK law
-Uk Cours could now resolve Human rights abuses reducing the workload for the European court of human rights

Question 15

What is the Magna Carta (1215) ?

Answer 15

the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself.

Question 16

What is the Bill of Rights (1689) ?

Answer 16

The Bill firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament – known today as Parliamentary Privilege.

Question 17

What is the Act of Settlement (1701) ?

Answer 17

Main aim was protestant succession to the throne and to strengthen the guarantees for ensuring a parliamentary system of government.

Question 18

What is the Acts of Union (1701) ?

Answer 18

Act that joined Scotland with England creating the UK

Question 19

What are the Parliament acts (1911/1949) ?

Answer 19

An Act to make provision with respect to the powers of the House of Lords in relation to those of the House of Commons, and to limit the duration of Parliament.

Question 20

What is the European Communities Act (1972) ?

Answer 20

An Act to make provision in connection with the enlargement of the European Communities to include the United Kingdom, together with (for certain purposes) the Channel Islands, the Isle of Man and Gibraltar.

Question 21

What Acts caused greater decentralisation of Parliamentary power ?

Answer 21

-Scotland Act 1998
-Wales Act 1998
-Northern Ireland Act 1998
-Scotland Act 2016
-Wales Act 2017

Question 22

What was the 1998 Scotland Act ?

Answer 22

Set up the Scottish devolved Parliament to enable Scottish people to have a say on Scottish matters rather than having everything decided at Westminster

Question 23

What is the West Lothian Question ?

Answer 23

Should England have an English Assembly so that English people can vote on English matters without interference from other UK countries

Question 24

What are the strengths of the Uk constitution ?

Answer 24

-Adaptable
-Strong Government
-Accountability

Question 25

What are the problems with the UK constitution ?

Answer 25

-Outdated and undemocratic
-Concentration of power is central
-Lack of clarity