Podcast
Questions and Answers
Which of the following best defines a constitution?
Which of the following best defines a constitution?
The British Constitution is codified and found in a single physical document.
The British Constitution is codified and found in a single physical document.
False
What are the three organs of government established by the British Constitution?
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.
The British Constitution affirms particular values and _____ of the state.
Signup and view all the answers
Match the characteristics of the British Constitution with their descriptions:
Match the characteristics of the British Constitution with their descriptions:
Signup and view all the answers
Which characteristic describes the British Constitution's ability to be amended?
Which characteristic describes the British Constitution's ability to be amended?
Signup and view all the answers
In a unitary system, government power is distributed among various regional authorities.
In a unitary system, government power is distributed among various regional authorities.
Signup and view all the answers
The _____ is the head of state in the United Kingdom.
The _____ is the head of state in the United Kingdom.
Signup and view all the answers
Which of the following is a characteristic of the British constitution?
Which of the following is a characteristic of the British constitution?
Signup and view all the answers
A.V. Dicey argued that the British constitution is the most rigid polity in comparison to others.
A.V. Dicey argued that the British constitution is the most rigid polity in comparison to others.
Signup and view all the answers
What necessitates the construction of new state institutions in countries experiencing foreign rule or regime change?
What necessitates the construction of new state institutions in countries experiencing foreign rule or regime change?
Signup and view all the answers
Countries that have undergone revolution often culminate in the adoption of a ________ constitution.
Countries that have undergone revolution often culminate in the adoption of a ________ constitution.
Signup and view all the answers
Match the following characteristics to their descriptions:
Match the following characteristics to their descriptions:
Signup and view all the answers
What is the primary characteristic of the British Constitution?
What is the primary characteristic of the British Constitution?
Signup and view all the answers
The British Constitution has a special legal status compared to other laws.
The British Constitution has a special legal status compared to other laws.
Signup and view all the answers
Who argued that the British Constitution was not made, but grown?
Who argued that the British Constitution was not made, but grown?
Signup and view all the answers
The UK constitution is characterized as __________ because it can change gradually and flexibly without special procedures.
The UK constitution is characterized as __________ because it can change gradually and flexibly without special procedures.
Signup and view all the answers
Match the following concepts with their definitions:
Match the following concepts with their definitions:
Signup and view all the answers
What characterizes the British Constitution?
What characterizes the British Constitution?
Signup and view all the answers
In the case of Marbury v Madison, what did Chief Justice Marshall emphasize about written constitutions?
In the case of Marbury v Madison, what did Chief Justice Marshall emphasize about written constitutions?
Signup and view all the answers
The UK Constitution has a single coherent code that prevails over other sources of law.
The UK Constitution has a single coherent code that prevails over other sources of law.
Signup and view all the answers
Constitutional statutes are unimportant in the UK constitutional framework.
Constitutional statutes are unimportant in the UK constitutional framework.
Signup and view all the answers
Name one example of a constitutional statute in the UK.
Name one example of a constitutional statute in the UK.
Signup and view all the answers
What did Lord Birkenhead state about the UK constitutional law?
What did Lord Birkenhead state about the UK constitutional law?
Signup and view all the answers
According to AV Dicey, every law can be changed by Parliament without special procedures through __________ or repeal.
According to AV Dicey, every law can be changed by Parliament without special procedures through __________ or repeal.
Signup and view all the answers
The __________ Act 1998 is a significant constitutional statute concerned with human rights.
The __________ Act 1998 is a significant constitutional statute concerned with human rights.
Signup and view all the answers
Match the following constitutional statutes with their historical significance:
Match the following constitutional statutes with their historical significance:
Signup and view all the answers
What is one of the key factors that distinguishes the UK Constitution from that of many other countries?
What is one of the key factors that distinguishes the UK Constitution from that of many other countries?
Signup and view all the answers
Which principle is NOT one of the three founding principles of the UK Constitution?
Which principle is NOT one of the three founding principles of the UK Constitution?
Signup and view all the answers
The European Union (Withdrawal) Act 2018 is example of a constitutional statute.
The European Union (Withdrawal) Act 2018 is example of a constitutional statute.
Signup and view all the answers
What legislative event in 2015 addressed the dissolution and calling of Parliament?
What legislative event in 2015 addressed the dissolution and calling of Parliament?
Signup and view all the answers
The __________ Code outlines the standards of behavior expected from ministers.
The __________ Code outlines the standards of behavior expected from ministers.
Signup and view all the answers
Which constitutional statutes were codified as a royal charter?
Which constitutional statutes were codified as a royal charter?
Signup and view all the answers
What is one argument against codification of the constitution?
What is one argument against codification of the constitution?
Signup and view all the answers
The English Civil War is often cited as a historical justification for having a codified constitution.
The English Civil War is often cited as a historical justification for having a codified constitution.
Signup and view all the answers
What is a potential drawback of having a strictly codified constitution?
What is a potential drawback of having a strictly codified constitution?
Signup and view all the answers
According to Kwan, too much power of interpretation should not be in the hands of ______.
According to Kwan, too much power of interpretation should not be in the hands of ______.
Signup and view all the answers
Match the following individuals to their arguments against codification:
Match the following individuals to their arguments against codification:
Signup and view all the answers
Which of the following reasons is given for caution towards codification?
Which of the following reasons is given for caution towards codification?
Signup and view all the answers
Codification can potentially lead to the establishment of a strict separation of powers.
Codification can potentially lead to the establishment of a strict separation of powers.
Signup and view all the answers
What does the phrase 'If it ain’t broken, why fix it?' imply in the context of codification?
What does the phrase 'If it ain’t broken, why fix it?' imply in the context of codification?
Signup and view all the answers
What significant event led to the establishment of the Parliament Act 1911?
What significant event led to the establishment of the Parliament Act 1911?
Signup and view all the answers
The Magna Carta established the principle that the King is above the law.
The Magna Carta established the principle that the King is above the law.
Signup and view all the answers
Name two constitutional statutes passed by the former Labour government between 1997 and 2010.
Name two constitutional statutes passed by the former Labour government between 1997 and 2010.
Signup and view all the answers
The Act of Settlement 1700 secured __________ succession to the throne.
The Act of Settlement 1700 secured __________ succession to the throne.
Signup and view all the answers
Match the following Acts with their significance:
Match the following Acts with their significance:
Signup and view all the answers
Which Act allowed for the establishment of the Scottish Parliament?
Which Act allowed for the establishment of the Scottish Parliament?
Signup and view all the answers
The Hunting Act 2004 was passed with the approval of the House of Lords.
The Hunting Act 2004 was passed with the approval of the House of Lords.
Signup and view all the answers
What principle did the Bill of Rights 1689 establish in relation to the monarchy?
What principle did the Bill of Rights 1689 establish in relation to the monarchy?
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.
The __________ Act 2010 is known for enhancing the separation of powers by altering the role of the Lord Chancellor.
Signup and view all the answers
Match the following dates with the corresponding Acts:
Match the following dates with the corresponding Acts:
Signup and view all the answers
Which of these reforms allowed Parliament to engage in war with prior consent?
Which of these reforms allowed Parliament to engage in war with prior consent?
Signup and view all the answers
The House of Lords Act 1999 decreased the overall membership of the House of Lords.
The House of Lords Act 1999 decreased the overall membership of the House of Lords.
Signup and view all the answers
What was the primary goal of the European Union (Withdrawal) Act 2018?
What was the primary goal of the European Union (Withdrawal) Act 2018?
Signup and view all the answers
The __________ Act 2013 allowed the eldest female issue to be first in line to the throne.
The __________ Act 2013 allowed the eldest female issue to be first in line to the throne.
Signup and view all the answers
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
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.
