What are the Three Core Bodies of the UK Constitution?
- The Judiciary, i.e. the Courts.
- The Executive, i.e. the Government.
- The Legislature, i.e. the Parliament.
What is a Constitutional Statute?
Legislation that:
- Defines or restricts Fundamental Rights; or
- Conditions the relationship between the Citizen and the State.
The Judiciary also contributes to Constitutional Development when such Statutes are litigated in Court.
What is a Constitutional Convention?
A Non-Binding but well-respected Principle that guides how a given Core Body conducts its affairs.
What is the Role of Parliament?
Creating, amending, and repealing Laws.
What are the Components of Parliament?
- The King.
- The House of Lords.
- The House of Commons.
In Practice, which Component of Parliament is most Powerful?
The House of Commons.
- The King is a cerimonial ornament.
- The House of Lords cannot block a Bill and has no power over Financial Bills.
What is the Role of Government?
- Manage Public Services.
- Formulate and implement Policy.
- Administer Policy and Enforce the Law.
- Maintain Public Order and National Defence.
- Drarft Secondary Legislation in the form of Statutory Instruments.
What are the Components of the Executive?
- The King.
- The Prime Minister and Cabinet.
- Individual Government Departments.
What are the Sources of Executive Power?
- Statute.
- Common Law.
- Royal Prerogative.
What is the Role of the Courts?
To resolve disputes by interpreting and applying the Law.
What are the most important Constitutional Conventions governing the Legislature?
Lordly Deferrence to the Commons:
- The House of Lords defers to the House of Commons as the primary democratic body.
The Sewel Convention:
- Westminster generally avoids legislating on devolved matters without the relevant consents.
The Salisbury-Addison Convention:
- The House of Lords refrains from opposing legislation that fulfills a Government Manifesto commitment.
Parliamentary Approval for War:
- The Executive must seek Parliamentary Consultation before committing the armed forces to significant foreign policy actions.
Exclusive Authority Over Financial Bills:
- Only the House of Commons, through a Cabinet minister, may introduce Financial Bills, which the Lords may review but cannot amend or block.
What are the most important Constitutional Conventions governing the Executive?
Prime Ministerial Discretion over the Cabinet Selection:
- The Prime Minister controls the composition of the Cabinet.
Royal Assent to Legislation:
- The Monarch does not refuse royal assent to Legislation passed by Parliament.
Royal Appointment of the Democratic Prime Minister:
- The Monarch appoints the Leader of the electorally victorious Party as Prime Minister.
Royal Action on Ministerial Advice:
- The Monarch follows the advice of Ministers in performing Constitutional Duties.
Resignation after a No-Confidence Vote:
- After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.
Royal Consent for Legislation on the Crown:
- The Government seeks the Monarch’s consent before introducing Legislation directly affecting the Monarchy.
What are the most important Constitutional Conventions governing the Judiciary?
Judicial Political Neutrality:
- Judges must avoid political activity to prevent conflicts of interest.
Parliamentary Restraint from Criticism of the Judiciary:
- Parliament refrains from criticising the Judiciary’s professional conduct.
What are the most important Constitutional Conventions governing Ministerial Responsibility?
Collective Ministerial Responsibility:
- Confidentiality: Cabinet discussions must remain confidential to enable open debate within the Government.
- Parliamentary Confidence: After a No-Confidence Vote in the Commons, the Government must resign and advise the Monarch to dissolve Parliament.
- Unanimity and Resignation as Dissent: Once a policy decision is reached, all Ministers must publicly support it. Ministers disagreeing on principle should resign rather than dissent openly.
Individual Ministerial Responsibility:
- Policy Failures: Ministers are accountable for major policy errors, and should resign if they were directly aware, involved, or responsible.
- Operational Failures: Ministers may avoid resignation over operational policy errors, unless they were directly and significantly involved or responsible.
What are the Seven Principles of the Ministerial Code?
- Honesty.
- Integrity.
- Openness.
- Objectivity.
- Leadership.
- Selflessness.
- Accountability.
Can Parliament override the Judiciary?
Yes. Parliament can assert itself to ensure the Law reflects the Democratic Will.
How dependant are Executive Statutory Instruments on Parliamentary Approval?
- Positive Instruments require Parliamentary approval.
- Negative Instruments automatically become Law unless Parliament objects.
What is the Role of the Attorney General?
- Member of the Cabinet.
- Chief Legal Advisor to the Government.
This is an Executive Role.
What is the Role of the Lord Chancellor?
Head of the Ministry of Justice.
This is an Executive Role.
What is the Judicial Appointments Commission?
An independent body, comprised of 15 Comissioners from various political and professional backgrounds, that recommends candidates for Judicial roles.
- Ordinary recommendations are made to the Lord Chancellor.
- Supreme Court recommendations are made by a Special Commission to the Prime Minister.
The selection criteria are merit and character.
When can a Senior Judge be removed from Office?
- Misconduct.
- Motion of the Houses.
When can an Ordinary Judge be removed from Office?
- Misconduct.
- Investigation and Expulsion by the Lord Chancellor and Lord Chief Justice.
Who determines Judicial Pay?
The Senior Salaries Review Body.
What are Safeguards against Judicial Politicisation?
- Ban on Judicial Involement in Parliament: Full-Time Judges are barred from serving as MPs.
- Parliamentary Abstinence from Judicial Criticism: The Cabinet and MPs are discouraged from publicly criticizing Judges’ character or motivations,
- Parliamentary Privilege: Parliamentary Proceedings cannot be impeded by the Judiciary.
