The UK Constitution

Question 1

Uncodified constitution definition

Answer 1

A constitution that is not written down in a single document

Question 2

Constitution definition

Answer 2

The set of basic rules by which a country or state is governed

Question 3

Devolution definition

Answer 3

Transfer of power from the national or central government to local or state government

Question 4

Federal constitution

Answer 4

Sovereignty is divided between central bodies and regional institutions

Question 5

Amendment definition

Answer 5

A change made to a constitution

Question 6

Common law definition

Answer 6

Made by judges
Law formed in the basis of precedents set in previous cases - i.e. judgements are by one court of law must be followed by other courts in the future if they face a similar case
Most of the original laws concerning civil rights began in this way, such as freedom of speech and freedom of movement

Question 7

Convention definition

Answer 7

An unwritten rule that is considered binding on all members of the political community

Question 8

Entrenchment definition

Answer 8

The device that protects a constitution from short term changes. Means a referendum is often required to change a constitution

Question 9

Statute definition

Answer 9

An act of parliament

Question 10

Unitary constitution definition

Answer 10

Sovereignty resides in one location, however some power may be distributed to regions and local governments through devolution

Question 11

What is an example of a country other than the UK that has an uncodified constitution

Answer 11

New Zealand, Israel, Saudi Arabia

Question 12

What is an example of a country, other than the USA, with a codified constitution

Answer 12

France, Germany, Italy, Canada, Ireland, Afghanistan, Australia, Vietnam

Question 13

What is an example of devolution in the UK

Answer 13

Welsh assembly, Scottish Parliament

Question 14

What is an example of a country with a federal government

Answer 14

USA, Brazil, Switzerland, Sudan, Mexico, Germany

Question 15

What is an example of a country with a unitary government

Answer 15

UK, Cuba

Question 16

What are the sources of the UK constitution

Answer 16

Statutes, common law, EU laws and treaties,major constitutional documents, traditions, conventions, royal prerogative

Question 17

Codified constitution definition

Answer 17

A constitution that is written down in a single document

Question 18

What is an example of a statute

Answer 18

The Scotland and Wales acts
1918 representation of the people act - gave woman of property over 30 the right to vote
1969 representation of the people act - lowered the voting age to 18

Question 19

What is an example of common law

Answer 19

Breach of the peace

Question 20

What is an example of a convention

Answer 20

The Salisbury convention which states that the lords cannot stop a bill that seeks to enact a manifesto pledge on which government was elected

Question 20

What is an example of a major constitutional document

Answer 20

Magna Carta 1215
Bill of rights act 1689
Act of settlement 1701

Question 21

What is an example of a prerogative power

Answer 21

Right to declare war
Right to make treaties
Right to give orders to the armed forces 
Right to dissolve parliament 
Right to appoint ministers

Question 22

What are the advantages of an entrenched constitution

Answer 22

Protects the constitution from the short term policies of a government

Question 23

What are the disadvantages of an entrenched constitution

Answer 23

Not flexible
Hard to change in times of crisis e.g. after 9/11 as a referendum is usually required
Causes many laws to be outdated, e.g. the right to carry a gun in America

Question 24

What are the advantages of a constitution that is not entrenched

Answer 24

Flexible - evolves naturally over time | Can adapt to changing circumstances easily and rapidly - e.g. After 9/11

Question 25

What are the disadvantages of a constitution that is not entrenched

Answer 25

Vulnerable to change by a government

Question 26

What are the functions of a constitution

Answer 26

States how and when elections occur - electoral system Establishes distribution of power - the power of parliament, the executive, the judiciary, local council etc Establishes the rights of people

Question 27

What are the features of the UK constitution

Answer 27

``` Uncodified Not entrenched Unitary Parliamentary sovereignty Fusion of powers Constitutional monarchy and royal peroration Party government ```

Question 28

What constitutional reform occurred in 1998

Answer 28

Devolution to Scotland, Wales and Northern Ireland | The European convention on human rights was incorporated into UK law

Question 29

What was the fixed term parliament act and when was it introduced

Answer 29

The fixed term parliament act was introduced in 2011 and meant that the prime minister can no longer choose the date of the next general election, instead it was fixed at 5 years

Question 30

What are the strengths of the UK constitution

Answer 30

It is very flexible - can be changed by a simple act of parliament It places power firmly in the hands of the elected government, allowing it to deliver its mandate effectively It provides for accountability through parliamentary sovereignty It has decentralised some power from the centre There is an independent judiciary The rights of individuals and minorities are guaranteed by the law and all are equal under the law It allows for strong and decisive governments not constrained by constitutional rules Has stood the test of time Provides a coherent system of government The rule of law protects the rights of citizens

Question 31

What are the weaknesses of the UK constitution

Answer 31

May place too much power in the hands of the government and too little in the hands of parliament Said to be too easy to change - danger of government giving themselves too much power and vulnerable to short term changes As it is uncodified people are unaware of its main principals Parts are undemocratic - the monarch, the electoral system and unelected peers in the House of Lords The convention on human rights is not binding on parliament so the rights of citizens are vulnerable Despite devolution some say power remains too centralised Local and sub-national governments are not constitutionally protected

Question 32

What are the advantages of the UK introducing a codified constitution

Answer 32

It would make the rights of citizens clear It would include clear protections for the rights of citizens The process of judicial review would be clear and transparent It might prevent the further drift towards excessive executive power It would clarify the UK's relationship with the EU It would be clear to all citizens what is and what is not constitutional It would bring the UK into line with most other modern democracies It would remove uncertainty with specific roles, e.g. the monarch

Question 33

What are the disadvantages of the UK introducing a codified constitution

Answer 33

The current constitution is flexible and can easily be adapted to changing circumstances It is not necessary as the current constitution works well The lack of constitutional restraint allows for strong and decisive governments A codified constitution would give too much power to unelected judges Would not guarantee rights are protected Hard to devise one that pleases everyone No widespread deep and or interest in change

Question 34

Why does the UK need a constitution

Answer 34

Protects the rights and civil liberties of the population Set up institutions that pass law - legislature Set up the roles and duties of those in government Set up institutions that enforce the laws State the functions and powers of departments and parts of government - what they can and can't do Government has to follow laws as well, to make sure it's not abusing its power States how government is appointed or selected - e.g. elected To make sure the government provides certain things for people - defence, welfare etc

Question 35

What does fusion of powers mean

Answer 35

The executive branch and legislative branch of government intermingle

Question 36

What are the advantages of a codified constitution

Answer 36

``` Clear rules Limited government Neutral interpretation Protects rights Education and citizenship - people know about the constitution and their rights ```

Question 37

What are the disadvantages of a codified constitution

Answer 37

``` Rigidity Judicial tyranny Legalistic Political bias Unnecessary ```

Question 38

What is centralisation

Answer 38

The act of consolidating power under a central control

Question 39

What is decentralisation

Answer 39

The spread of power away from the centre to local branches of government

Question 40

What are the advantages of centralisation

Answer 40

Promotes national unity Promotes uniformity of laws, taxation, education etc Promotes equality - easier redistribution of wealth Single currency and central control of taxation and infrastructure promotes prosperity

Question 41

What are the advantages of decentralisation

Answer 41

Provides enhanced opportunities for democratic participation Promotes higher degree of responsiveness - government closer to the people - accountability enhanced Legitimacy enhanced Guards against central government tyranny with checks and balances

Question 42

What are key areas of constitutional reform

Answer 42

``` Devolution Electoral reform London and local government Freedom of information Human rights The judiciary Parliamentary reform ```

Question 43

What are the arguments suggesting constitutional reform since 1997 has not gone far enough

Answer 43

Lords reform is incomplete, e.g. human rights act does not bind the UK Parliament , few elected mayors, freedom of information is too weak Human rights act does not bind UK Parliament Freedom of information is too weak Few elected mayors No codified constitution Too much power still rests with the executive

Question 44

Advantages of the constitutional reform

Answer 44

Have generally structured checks and balances by decentralising power House of Lords has more legitimacy Freedom of information act has had an impact, eg MPs expenses The judiciary is more independent The human rights act has lead to many successful rights and liberties legal victories

Question 45

Constitutionalism definition

Answer 45

The concept that a political system is governed by a constitution and that political institutions are bound by constitutional rules which are binding

Question 46

Judicial review definition

Answer 46

A process undertaken by senior courts where judges are required to interpret, re-interpret or clarify constitutional rules Take place in response to appeals by citizens or associations

Question 47

Quasi federalism definition

Answer 47

A description often applied to both the EU and devolution in the UK - though the arrangements in the EU and UK are not legally federal they are so similar to a federal system that they can be described as quasi federalism - close to federalism

Question 48

How can a country be said to have popular sovereignty

Answer 48

The people elect a parliament and a government at each general election - their verdict at an election cannot be challenged The ruling party has a mandate Referendums

Question 49

Where does legal sovereignty lie in the UK

Answer 49

With parliament

Question 50

Parliamentary reform definition

Answer 50

A process whereby reforms in the membership, powers or procedures of either or both the Houses of Parliament are made or proposed The increase in the power of the police and courts were seen as a major threat to people's rights

Question 51

Why did the Labour Party decide to incorporate the European convention of human rights into UK law

Answer 51

A general desire to bring the British constitution into line with the rest of Europe, all of whose states have special arrangements to protect individual rights

Question 52

What Is the equal franchise act

Answer 52

The act that gave all men and women over 21 the right to vote - before this many women could not vote

Question 52

Republican definition

Answer 52

Head of state is elected

Question 53

Monarchical definition

Answer 53

Power is in the hands of a monarch

Question 54

Codified constitution features

Answer 54

Authoritative - is a higher law Entrenched Judicable - judges can say if a law is constitutional or unconstitutional

Question 55

What devolution and electoral reform occurred occurred under Blair - 1997-2007

Answer 55

Scotland devolution - Scotland act 1998 - able to raise/lower UK income tax by 1% Scottish Parliament established in 1999 Wales devolution - government to of Wales act 1998 Welsh National Assembly established in 1999 Northern Ireland devolution - under good Friday agreement a Northern Ireland assembly was formed established with powers of primary legislation, education, health etc - but defence, foreign policy, relations with Irish Republic, economic policy, social policy and taxation still with Westminster Electoral reform - STV introduced for local elections in Scotland (1997) and elections to NI assembly (1999), AMS introduced for elections to Scottish Parliament (1999), Welsh assembly (1999) and greater London assembly (2000) and regional list system introduced for elections to EU parliament

Question 56

Other than devolution, what constitutional reform occurred under Blair - 1997-2007

Answer 56

Freedom of information act 2000 - gave citizens the right to see information about themselves held by public bodies Human rights act 1998 - made ECHR part of UK law Greater London authority act 1999 Greater London assembly established in 2000 House of Lords act - removed all but 92 hereditary peers Lord chancellor no longer head of the courts system - Lord Chief Justice became head of the judicial system Post of Secretary of State for constitutional affairs created in the cabinet - advised the cabinet I constitutional issues A new judicial appointments commission set up to propose candidates for promotion to senior judges

Question 57

What constitutional reform occurred under Brown 2007-2010

Answer 57

Wales devolution Welsh assembly voted in favour of holding a referendum on the issue of enabling the assembly to pass primary legislation Northern Ireland devolution - St. Andrew's agreement 2007 - new NI executive takes office 2010 - transfer or law and order and security issues to the NI executive MP expenses scandal (2009) prompted a new system whereby the issue of expenses and MPs pay was placed in the hands of an independent commission Supreme Court replaced the House of Lords as the highest court of appeal and constitutional court of the UK (2009)

Question 58

Uncodified constitution features

Answer 58

Not authoritative Not entrenched Not judiciable

Question 59

What are the features of the UK parliamentary system

Answer 59

``` Executive derived from legislature Fusion of power Parliamentary sovereignty Unitary system Centralisation and decentralisation (devolution) ```