British Constitution Overview
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Questions and Answers

Which of the following best defines a constitution?

  • An opinion on civil rights
  • A guide to proper governance
  • A set of moral principles for society
  • A document with legal sanctity outlining government functions (correct)
  • The British Constitution is codified and found in a single physical document.

    False (B)

    What are the three organs of government established by the British Constitution?

    Executive, Legislative, Judicial

    The British Constitution affirms particular values and _____ of the state.

    <p>goals</p> Signup and view all the answers

    Match the characteristics of the British Constitution with their descriptions:

    <p>Unwritten/uncodified = Not found in a single physical document Unitary = Power concentrated in a single-tier central government Flexible = Can be amended easily with a simple majority Parliamentary supremacy = Parliament is the supreme source of authority</p> Signup and view all the answers

    Which characteristic describes the British Constitution's ability to be amended?

    <p>Flexible (B)</p> Signup and view all the answers

    In a unitary system, government power is distributed among various regional authorities.

    <p>False (B)</p> Signup and view all the answers

    The _____ is the head of state in the United Kingdom.

    <p>Crown/monarch</p> Signup and view all the answers

    Which of the following is a characteristic of the British constitution?

    <p>Flexible and unwritten (C)</p> Signup and view all the answers

    A.V. Dicey argued that the British constitution is the most rigid polity in comparison to others.

    <p>False (B)</p> Signup and view all the answers

    What necessitates the construction of new state institutions in countries experiencing foreign rule or regime change?

    <p>Independence or self-rule</p> Signup and view all the answers

    Countries that have undergone revolution often culminate in the adoption of a ________ constitution.

    <p>written</p> Signup and view all the answers

    Match the following characteristics to their descriptions:

    <p>Flexible = Allows for changes without a formal amendment process Parliamentary supremacy = Parliament has the highest authority in the state Judicial independence = Judiciary operates free from legislative and executive control Monarchical = A form of government where a single person rules as head of state</p> Signup and view all the answers

    What is the primary characteristic of the British Constitution?

    <p>Uncodified constitution (B)</p> Signup and view all the answers

    The British Constitution has a special legal status compared to other laws.

    <p>False (B)</p> Signup and view all the answers

    Who argued that the British Constitution was not made, but grown?

    <p>Sir Ivor Jennings</p> Signup and view all the answers

    The UK constitution is characterized as __________ because it can change gradually and flexibly without special procedures.

    <p>uncontrolled</p> Signup and view all the answers

    Match the following concepts with their definitions:

    <p>Codified Constitution = A written document that serves as the fundamental law Uncodified Constitution = A compilation of various statutes and conventions Amendment = A formal change to the constitution Judicial Review = The ability of courts to assess the constitutionality of laws</p> Signup and view all the answers

    What characterizes the British Constitution?

    <p>It is largely unwritten but includes some written sources. (D)</p> Signup and view all the answers

    In the case of Marbury v Madison, what did Chief Justice Marshall emphasize about written constitutions?

    <p>They are intended to be fundamental laws with special legal status. (A)</p> Signup and view all the answers

    The UK Constitution has a single coherent code that prevails over other sources of law.

    <p>False (B)</p> Signup and view all the answers

    Constitutional statutes are unimportant in the UK constitutional framework.

    <p>False (B)</p> Signup and view all the answers

    Name one example of a constitutional statute in the UK.

    <p>Magna Carta 1215</p> Signup and view all the answers

    What did Lord Birkenhead state about the UK constitutional law?

    <p>It is mostly rooted in historic development with no special legal status.</p> Signup and view all the answers

    According to AV Dicey, every law can be changed by Parliament without special procedures through __________ or repeal.

    <p>amendment</p> Signup and view all the answers

    The __________ Act 1998 is a significant constitutional statute concerned with human rights.

    <p>Human Rights</p> Signup and view all the answers

    Match the following constitutional statutes with their historical significance:

    <p>Magna Carta 1215 = Foundation of individual rights Bill of Rights 1689 = Limitations on the monarch's power Act of Settlement 1700 = Succession to the throne Human Rights Act 1998 = Protection of human rights</p> Signup and view all the answers

    What is one of the key factors that distinguishes the UK Constitution from that of many other countries?

    <p>It has no special procedure for legislation. (A)</p> Signup and view all the answers

    Which principle is NOT one of the three founding principles of the UK Constitution?

    <p>Federalism (FED) (D)</p> Signup and view all the answers

    The European Union (Withdrawal) Act 2018 is example of a constitutional statute.

    <p>True (A)</p> Signup and view all the answers

    What legislative event in 2015 addressed the dissolution and calling of Parliament?

    <p>Dissolution and Calling of Parliament Act 2022</p> Signup and view all the answers

    The __________ Code outlines the standards of behavior expected from ministers.

    <p>Ministerial</p> Signup and view all the answers

    Which constitutional statutes were codified as a royal charter?

    <p>Magna Carta 1215 (A)</p> Signup and view all the answers

    What is one argument against codification of the constitution?

    <p>It could lead to judicial tyranny. (D)</p> Signup and view all the answers

    The English Civil War is often cited as a historical justification for having a codified constitution.

    <p>True (A)</p> Signup and view all the answers

    What is a potential drawback of having a strictly codified constitution?

    <p>It may lead to a loss of flexibility in governmental practices.</p> Signup and view all the answers

    According to Kwan, too much power of interpretation should not be in the hands of ______.

    <p>unelected judges</p> Signup and view all the answers

    Match the following individuals to their arguments against codification:

    <p>Kwan = Power of interpretation should not be in judiciary Rodney Brazier = Existing statutes are sufficient William Hague = Internal stability is already present Hilaire Barnett = Old conventions can be discarded easily</p> Signup and view all the answers

    Which of the following reasons is given for caution towards codification?

    <p>It could slow down the adaptiveness of the constitution. (B)</p> Signup and view all the answers

    Codification can potentially lead to the establishment of a strict separation of powers.

    <p>True (A)</p> Signup and view all the answers

    What does the phrase 'If it ain’t broken, why fix it?' imply in the context of codification?

    <p>It suggests that without significant problems, there may be no need to change the current system.</p> Signup and view all the answers

    What significant event led to the establishment of the Parliament Act 1911?

    <p>Abuse of the tax system by Charles I (A)</p> Signup and view all the answers

    The Magna Carta established the principle that the King is above the law.

    <p>False (B)</p> Signup and view all the answers

    Name two constitutional statutes passed by the former Labour government between 1997 and 2010.

    <p>Human Rights Act 1998, Scotland Act 1998</p> Signup and view all the answers

    The Act of Settlement 1700 secured __________ succession to the throne.

    <p>Protestant</p> Signup and view all the answers

    Match the following Acts with their significance:

    <p>Parliament Act 1949 = Reduced Lords' power of delay from 2 years to 1 year European Communities Act 1972 = Allowed UK accession to the European Communities House of Lords Act 1999 = Removed right of hereditary peers to sit in the House Fixed-term Parliaments Act 2011 = Fixed the period between general elections to 5 years</p> Signup and view all the answers

    Which Act allowed for the establishment of the Scottish Parliament?

    <p>Scotland Act 1998 (D)</p> Signup and view all the answers

    The Hunting Act 2004 was passed with the approval of the House of Lords.

    <p>False (B)</p> Signup and view all the answers

    What principle did the Bill of Rights 1689 establish in relation to the monarchy?

    <p>Limited the powers of the monarchy and established parliamentary sovereignty.</p> Signup and view all the answers

    The __________ Act 2010 is known for enhancing the separation of powers by altering the role of the Lord Chancellor.

    <p>Constitutional Reform</p> Signup and view all the answers

    Match the following dates with the corresponding Acts:

    <p>1215 = Magna Carta 1689 = Bill of Rights 1911 = Parliament Act 1998 = Human Rights Act</p> Signup and view all the answers

    Which of these reforms allowed Parliament to engage in war with prior consent?

    <p>Act of Settlement 1700 (C)</p> Signup and view all the answers

    The House of Lords Act 1999 decreased the overall membership of the House of Lords.

    <p>True (A)</p> Signup and view all the answers

    What was the primary goal of the European Union (Withdrawal) Act 2018?

    <p>To repeal the European Communities Act 1972 and govern the UK's withdrawal from the EU.</p> Signup and view all the answers

    The __________ Act 2013 allowed the eldest female issue to be first in line to the throne.

    <p>Succession to the Crown</p> Signup and view all the answers

    Flashcards

    Constitution

    A document that defines fundamental rules and principles governing a country's governance, outlining the structure and operation of state institutions, and defining the rights and freedoms of its citizens.

    Unwritten Constitution

    The British constitution, unlike many others, is not contained within a single document but is a collection of written and unwritten rules, conventions, and precedents.

    Flexible Constitution

    The British constitution allows for amendments through the ordinary legislative process, meaning changes can be made easily with majority votes in Parliament.

    Unitary System

    The British Constitution establishes a central government with complete authority and no significant powers shared with regional governments.

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    Parliamentary Supremacy

    The British government is characterized by a system where the legislature (Parliament) holds the supreme power, allowing it to pass laws and control executive actions.

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    Monarchy

    The role of the monarch in the British government is primarily ceremonial, with limited powers exercised under parliamentary guidance.

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    Sources of British Constitution

    The British constitution consists of a wide range of sources, including Acts of Parliament, case law decisions, conventions, and historical documents.

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    Codification of the Constitution

    The process of compiling the various sources of the British constitution into a single, codified document.

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    What is the British Constitution?

    The British Constitution is a collection of various legal documents, conventions, and precedents that define the country's governance, rather than a single written document.

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    How is the British Constitution amended?

    The British Constitution can be changed or amended through the ordinary legislative process, without any special procedures.

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    What does 'uncodified' mean in relation to the British Constitution?

    The British Constitution is often described as 'uncodified' because it is not contained within a single document.

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    What is Parliament's role in the UK?

    Parliament has the supreme power in the UK, meaning it can pass laws and override other branches of government, making the UK a parliamentary system.

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    What makes the British Constitution 'flexible'?

    The British constitution is considered flexible because it allows for changes to occur gradually and pragmatically through various mechanisms.

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    What did Marbury v Madison establish?

    The Marbury v Madison case established the principle of judicial review in the US, where the Supreme Court can review laws for constitutionality.

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    What is the basis of UK constitutional law?

    The UK constitutional law is based on historical developments and precedents, rather than a single document.

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    What did McCawley v R demonstrate?

    The McCawley v R case highlighted the absence of special procedures for amending the UK Constitution, confirming its flexible nature.

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    What did Miller I conclude about the UK constitution?

    The Miller I case affirmed that the UK does not have a single, codified constitution dominating other sources of law, making it unlike many other countries.

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    How does the British Constitution function?

    The British Constitution combines traditional elements, like conventions, with modern laws to provide a unique and flexible system of governance.

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    What are Constitutional Statutes?

    These are laws from the UK Parliament that are very important for how the country is run. They cover things like basic rights and freedoms and the relationship between the government and individuals.

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    What is the Magna Carta?

    This is a very old document, like a contract between the King and the people. It's important because it established some basic rights and limits the power of the King.

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    What is the Bill of Rights 1689?

    This important law from 1689 limits the King's power and says Parliament has a lot of control over government. It also protects certain freedoms like freedom of speech.

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    What did the Parliament Acts 1911 & 1949 do?

    The Parliament Acts of 1911 and 1949 reduced the power of the House of Lords, making the House of Commons the most important part of Parliament.

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    What is the European Communities Act 1972?

    This Act brought the UK into the European Union, creating a new set of rules and laws that impacted the UK's legal system.

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    What is the Human Rights Act 1998?

    This law is important because it made the European Convention on Human Rights, which talks about basic rights, part of UK law. It made it easier for people to go to court if their rights are violated.

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    What is Parliamentary Supremacy?

    This is a principle that says the UK Parliament can make any law it wants, and no court can overturn it. This is a fundamental part of how the UK government works.

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    What is the Separation of Powers?

    This is a principle that says the government should be divided into three branches: the executive (like the Prime Minister), the legislature (Parliament), and the judiciary (courts). This prevents one branch from having too much power.

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    What is the Principle of the Rule of Law?

    This is an unwritten rule that says the government should generally reflect the will of the people. It means the Prime Minister should be the leader of the party that wins the most seats in Parliament.

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    Flexibility of the British Constitution

    The ability of a constitution to be easily amended or changed through the ordinary legislative process without any special procedures.

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    How does the UK ensure government accountability?

    The ability of the government to be accountable to the people through elections and the process of lawmaking.

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    Rigid Constitution

    A written constitution could freeze the constitution's ability to adapt to changing times, making it rigid and inflexible.

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    Judicial Tyranny

    Codifying the constitution could give too much power to unelected judges, allowing them excessive control over its interpretation.

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    Existing Stability

    The UK's existing mix of laws, traditions, and unwritten rules ensures a stable and accountable democracy.

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    Lack of Historical Precedent

    A written constitution doesn't have a strong historical basis in the UK, except for a brief period during the English Civil War.

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    Expense of Codification

    Creating a written constitution could be a lengthy and expensive process, requiring significant time and resources.

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    Political Bias

    A written constitution might reflect the aspirations of the current ruling party rather than long-term national needs.

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    Political Consensus

    A written constitution requires broad consensus, but achieving this can take years due to differing political opinions.

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    Separation of Powers

    A written constitution could lead to a separation of powers where the government becomes too rigid and unable to function efficiently.

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    Magna Carta

    A key legal document that limited the King's powers and established the principle of law being above the King.

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    Bill of Rights 1689

    Established basic rights and liberties, barred Catholics from the throne, and strengthened the parliamentary system.

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    Act of Settlement 1700

    An act that ensured Protestant succession to the throne, reinforced parliamentary consent for war, and established judicial independence.

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    Acts of Union 1707

    Legally combined England and Scotland to form the nation of Great Britain.

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    Parliament Act 1911

    Limited the House of Lords' power to reject money bills and shortened the maximum duration of a Parliament.

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    European Communities Act 1972

    Incorporated European Community law into UK domestic law, giving effect to treaties establishing the EC.

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    Human Rights Act 1998

    Adopted the European Convention on Human Rights into British law, allowing citizens to claim these rights in UK courts.

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    Government of Wales Act 1998

    Established the National Assembly of Wales (now Senedd), granting it legislative powers over various matters.

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    Scotland Act 1998

    Established the Scottish Parliament and Executive, transferring some powers from Westminster to Scotland.

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    Greater London Authority Act 1999

    Established the Greater London Authority (GLA), consisting of a Mayor and London Assembly, to manage London's affairs.

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    House of Lords Act 1999

    Reduced the membership of the House of Lords and removed the right of hereditary peers to sit in the House.

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    Constitutional Reform Act 2005

    Established the Supreme Court, changed the Lord Chancellor's role, and introduced the Judicial Appointments Commission.

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    Constitutional Reform and Governance Act 2010

    Outlined the Civil Service in statute, including the Civil Service Commission, and placed the Foreign Affairs Ponsonby Rule in law.

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    Fixed-term Parliaments Act 2011

    Set a fixed term for Parliaments (5 years), with exceptions, and established the date for general elections.

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    Succession to the Crown Act 2013

    Amended previous acts to change the line of succession to the Crown, ending male primogeniture and removing the ban on Catholics inheriting.

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    Study Notes

    British Constitution Overview

    • The British constitution is uncodified and unwritten
    • It is a combination of statutes, conventions, judicial decisions, and academic views
    • Key sources include statutes (e.g., Human Rights Act 1998, Acts of Union 1707 & 1800, Parliament Acts 1911 & 1949), conventions (e.g., Ministerial Responsibility, Sewel Convention), judicial decisions (e.g., Jackson v AG, Miller II), and academic views (e.g., Dicey's rule of law)
    • Defines the relationship between the state and individuals
    • Outlines basic rights and freedoms
    • Sets out a framework of government
    • The UK Parliament is supreme
    • Parliament's role in the British Constitution is as the supreme source of law
    • The House of Lords has limited power to affect legislation, and its role has changed over time.

    Characteristics of The British Constitution

    • Unwritten/uncodified
    • Flexible
    • Monarchical
    • Unitary
    • Parliamentary supremacy
    • Separation of powers
    • Rule of law
    • Judicial independence
    • Parliamentary executive

    Defining Definitions & Purposes

    • Definitions:
      • Bradley & Ewing consider a constitution as a document with legal sanctity outlining government functions and principles
      • Colin Munro views it as a body of rules concerning the country's arrangements.
    • Purposes:
      • Establishing a basic framework for government
      • Outlining fundamental rights and freedoms
      • Defining the relationship between the government and citizens
      • Establishing a national ideology
      • Expressing the values and goals of the nation.

    Sources of British Constitution

    • Legal sources: Case law (e.g., Miller I, Miller II, Factortame) & statutes (e.g., Acts of Union, Magna Carta)
    • Non-legal sources: Conventions and doctrines (e.g., Parliamentary Supremacy, Rule of Law, separation of powers)
    • Academic views: Dicey's concept of rule of law and academic opinions.

    Constitutional Statutes

    • Legally binding documents forming part of the British Constitution such as the Magna Carta and numerous Acts
    • The role of the constitution is to act as a guideline and be followed.

    Codification of Constitution

    • Whether the UK constitution should be codified is a debated topic.
    • Arguments for codification include enhanced clarity, certainty, and consistency and better protection of human rights and liberties.
    • Arguments against codification include the expense and difficulty of creating a comprehensive and detailed document, preserving flexibility.

    Historical & Political Considerations

    • The British constitution's evolution is linked to historical events
    • The UK doesn't have a single, codified document, but rather a collection of laws, conventions, and judicial precedents
    • This makes it flexible but also complex for some academics.

    Further Reading

    • Various additional academic texts are available to elaborate on the specified areas of study

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    Description

    Explore the key elements of the British Constitution, which is notable for being uncodified and unwritten. This quiz covers its main sources, characteristics, and the relationship between the state and individuals. Test your understanding of statutes, conventions, and the role of Parliament in shaping the UK's legal framework.

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