where does the British Constitution come from?

Question 1

what are the 6 main areas of the British Constitution

Answer 1

1. Constitutional statute law (Acts of Parliament [laws]) e.g. parliament passes an act on how long a murderer should be sentenced
2. Common laws (law passed by judges) e.g. a murderer being sentenced
3. The royal prerogative (monarch can issue passports, close down parliament
4. Conventions (expected behaviour/ unwritten rules)
5. Works of authority (what political experts have written to advise government)
6. International agreements (treaties)

Question 2

what is statute law

Answer 2

• Statute law is law created by parliament
• Not all laws are of constitutional significance because they don’t bear a fundamental relationship between the state and the people.

Question 3

what are some Acts (statute law) that bear constitutional importance

Answer 3

• Great Reform Act 1832
• Human Rights Act 1998

Question 4

what is common law

Answer 4

-decided by judges not parliament
-other judges refer to common law
-statute law can always overrule common law

Question 5

what are conventions

Answer 5

Conventions are rules or norms of behaviour that are considered to be binding, although they are neither codified nor legally enforceable.

Question 6

give an example of a convention

Answer 6

For example, the monarch, by convention, must give there assent to Acts of Parliament. If the monarch were to refuse a bill today, there would be a constitutional crisis

Question 7

what is The Royal Prerogative

Answer 7

-The prerogative powers traditionally included:
>appoint ministers and the prime minister
>give royal assent to legislation
>declare war and negotiate treaties

Question 8

how powerful is The Royal Prerogative now

Answer 8

The power has been decreased in the first 2 decades of the 21st century. For example, the Fixed-term parliaments Act 2011 was brought in to not allow the monarchy to dissolve parliament

Question 9

what are International Agreements (Treaties)

Answer 9

-although Brexit happened, the UK is still part of the European Court of Human Rights and therefore must abide by it, which we are currently in violation of because we don’t give prisoners the vote.

Question 10

what are Works of Authority

Answer 10

• A handful of long-established legal and political texts that have come to be accepted as the reference point for those wishing to know exactly ‘who can do what’ under the UK Constitution.

Question 11

strengths of statute law

Answer 11

• Have to be followed
• Can be created and disbanded easily

Question 12

weaknesses of statute law

Answer 12

• Can be created and disbanded easily

Question 13

strengths of common law

Answer 13

• Some crimes aren’t black and white, so common law allows for judges discretion

Question 14

weaknesses of common law

Answer 14

• Based on the judges’ (unelected) decision rather than law

Question 15

strengths of conventions

Answer 15

• Don’t waste time for parliament to make a legally binding law

Question 16

weaknesses of conventions

Answer 16

• Aren’t actually set in stone

Question 17

strengths of The Royal Prerogative

Answer 17

• Allows an elected official to be in power rather than a monarch
• Can dissolve parliament

Question 18

weaknesses of The Royal Prerogative:

Answer 18

• Decreases power for the monarch
• Can dissolve parliament

Question 19

strengths of international agreements

Answer 19

• Allow for allies and trade deals

Question 20

weaknesses of international agreements

Answer 20

• We involve ourselves in other countries problems

Question 21

strengths of works of authority

Answer 21

• Give guidance to officials

Question 22

weaknesses of works of authority

Answer 22

• Not legally binding
• Might be controversial
• Might not be universally accepted