L.1 Law of Constitution
104 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is NOT a characteristic of the British constitution?

  • Unitary
  • Monarchical
  • Unwritten
  • Rigid (correct)
  • What is the primary function of the House of Commons?

  • Formulate policy from the government manifesto
  • Appoint the Lord Chief Justice
  • Legislate and represent constituents (correct)
  • Debate legislation proposed by the House of Lords
  • Which of the following statements about the Monarch is true?

  • The Monarch leads the parliamentary debate.
  • The Monarch is directly accountable to Parliament.
  • The Monarch is immune from prosecution. (correct)
  • The Monarch holds no formal powers in devolved governments.
  • What is the highest court in the UK?

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

    Which branch of the state is responsible for applying legislation made by Parliament?

    <p>The Judiciary (C)</p> Signup and view all the answers

    What role does the Prime Minister play in the government?

    <p>Central executive leader responsible for policy formulation (C)</p> Signup and view all the answers

    Which function is NOT performed by the House of Lords?

    <p>Hold individual ministers accountable (D)</p> Signup and view all the answers

    What is a key source of the constitution in the UK?

    <p>Rule of law (C)</p> Signup and view all the answers

    What is the primary characteristic of the rule of law?

    <p>Absolute supremacy of regular law (C)</p> Signup and view all the answers

    What does the doctrine of constitutionalism relate to?

    <p>The accountability of government to the electorate (A)</p> Signup and view all the answers

    Which of the following is NOT a main EU institution?

    <p>Global Economic Forum (C)</p> Signup and view all the answers

    Which article in the Basic Law for the Federal Republic of Germany pertains to equality before the law?

    <p>Article 3 (B)</p> Signup and view all the answers

    According to the Germany's Basic Law, what precedes federal law?

    <p>International law (D)</p> Signup and view all the answers

    What does the EU Withdrawal Act 2018 signify for the UK?

    <p>Formal exit from the EU (A)</p> Signup and view all the answers

    What does Article 20 of Germany's Basic Law establish?

    <p>Basic institutional principles of the state (D)</p> Signup and view all the answers

    What right do all Germans have under Article 20 of the Basic Law?

    <p>Right to resist the abolition of the constitutional order (C)</p> Signup and view all the answers

    What is emphasized by the principle that 'no one is above the law'?

    <p>Equality of all individuals before the law (C)</p> Signup and view all the answers

    What does the concept of personal liberty guarantee?

    <p>Freedom from government intervention (B)</p> Signup and view all the answers

    What is the main purpose of the United Kingdom's Parliament?

    <p>To make legislation and check the government (B)</p> Signup and view all the answers

    Which element of the state is responsible for formulating and initiating policy?

    <p>Government (Executive) (C)</p> Signup and view all the answers

    What is a key characteristic of the British constitution?

    <p>It is both unwritten and flexible (C)</p> Signup and view all the answers

    Who is the head of the judiciary in the United Kingdom?

    <p>The Lord Chief Justice (A)</p> Signup and view all the answers

    What role do citizens play in the state according to the structure described?

    <p>They perform constitutional duties and enjoy rights (B)</p> Signup and view all the answers

    Which of the following best describes the House of Lords' primary function?

    <p>To debate and check legislation proposed by the House of Commons (D)</p> Signup and view all the answers

    What defines the relationship between the state and the individual in a constitution?

    <p>The constitution protects individual rights while setting obligations (B)</p> Signup and view all the answers

    Which option reflects a function of the Lord Chancellor in the government?

    <p>Hold a cabinet post and govern justice (C)</p> Signup and view all the answers

    What is a key principle of the Rule of Law?

    <p>State institutions must act lawfully. (D)</p> Signup and view all the answers

    What does Article 25 of the Basic Law for the Federal Republic of Germany state regarding international law?

    <p>It shall be an integral part of federal law. (D)</p> Signup and view all the answers

    Which of the following reflects a characteristic of democracy in Germany as stated in Article 20?

    <p>State authority derives from the people. (B)</p> Signup and view all the answers

    Which of the following statements regarding constitutionalism is incorrect?

    <p>Parliament acts independently of law. (D)</p> Signup and view all the answers

    What does the EU Withdrawal Act 2018 pertain to?

    <p>The exit of the UK from the European Union. (D)</p> Signup and view all the answers

    What is a defining feature of the Basic Law for the Federal Republic of Germany?

    <p>It protects human dignity as a core principle. (A)</p> Signup and view all the answers

    Which of the following articles addresses personal freedoms in the Basic Law for the Federal Republic of Germany?

    <p>Article 2 (A)</p> Signup and view all the answers

    What is the main purpose of the Lisbon Treaty 2007?

    <p>To serve as a constitution for the European Union. (C)</p> Signup and view all the answers

    What does Article 6 of the Basic Law for the Federal Republic of Germany focus on?

    <p>The rights of children born outside of marriage. (A)</p> Signup and view all the answers

    Which of the following is true regarding the relationship between federal law and Land law in Germany?

    <p>Federal law prevails over Land law. (C)</p> Signup and view all the answers

    What is the main legislative body of the state described?

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

    Which of the following is NOT a function of the House of Lords?

    <p>Scrutinise Government action (C)</p> Signup and view all the answers

    What is a unique characteristic of the British constitution compared to other constitutions?

    <p>It is flexible (C)</p> Signup and view all the answers

    Which entity serves as the formal head of state and is immune from prosecution?

    <p>The Monarch (D)</p> Signup and view all the answers

    What role does the Lord Chancellor hold within the government?

    <p>Minister within the Cabinet (D)</p> Signup and view all the answers

    Which function is performed by the judiciary as described?

    <p>Interpret legislation (C)</p> Signup and view all the answers

    What is a characteristic of the citizens' role in the state?

    <p>Citizens have both rights and duties (A)</p> Signup and view all the answers

    Which of the following best describes the composition of Parliament?

    <p>Crown, House of Commons, and House of Lords (B)</p> Signup and view all the answers

    What principle is established by the concept of constitutionalism?

    <p>All government actions must adhere to the law. (A)</p> Signup and view all the answers

    Which of the following statements best describes the rule of law?

    <p>It ensures equality before the law for all individuals. (A)</p> Signup and view all the answers

    Under what condition can the citizens of Germany resist an attempt to abolish the constitutional order?

    <p>If there are no other remedies available. (C)</p> Signup and view all the answers

    How does the Basic Law for the Federal Republic of Germany define the relation of federal law to Land law?

    <p>Federal law takes precedence over Land law. (D)</p> Signup and view all the answers

    Which institution is responsible for ensuring adherence to the principles of democracy under the German constitution?

    <p>The Federal Constitutional Court. (D)</p> Signup and view all the answers

    Which article in the Basic Law for the Federal Republic of Germany guarantees freedom of expression?

    <p>Article 5. (A)</p> Signup and view all the answers

    What does the European Court of Justice primarily oversee within the EU framework?

    <p>Interpretation and enforcement of EU law. (A)</p> Signup and view all the answers

    Which of the following best describes the relationship between the UK Parliament and the European Union post-Brexit?

    <p>UK Parliament retains the right to create its own laws independently. (A)</p> Signup and view all the answers

    What is the significance of the Lisbon Treaty 2007 in the context of the EU?

    <p>It provided a constitution-like structure for the EU. (C)</p> Signup and view all the answers

    According to the principles of the rule of law, what should state institutions prioritize in their actions?

    <p>Legal accountability. (B)</p> Signup and view all the answers

    What is the nature of the British constitution?

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

    Which of the following entities is NOT part of the state structure?

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

    What is one of the primary functions of the House of Commons?

    <p>Hold the Government accountable (C)</p> Signup and view all the answers

    Who serves as the head of the judiciary in the UK?

    <p>Lord Chief Justice (C)</p> Signup and view all the answers

    Which of the following best describes the main function of the judiciary?

    <p>Apply and interpret legislation (B)</p> Signup and view all the answers

    What distinguishes the relationship between Parliament and the Executive in the UK?

    <p>Parliament holds the Executive accountable (A)</p> Signup and view all the answers

    What is a fundamental right enjoyed by citizens as part of their civic duties?

    <p>Right to vote in general elections (B)</p> Signup and view all the answers

    What principle emphasizes that no one is above the law?

    <p>The rule of law (B)</p> Signup and view all the answers

    Which article of Germany's Basic Law addresses personal freedoms?

    <p>Article 5 (C)</p> Signup and view all the answers

    Which of the following institutions is part of the European Union?

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

    What does Article 2 of Germany's Basic Law guarantee?

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

    On which principle does the UK constitution primarily rely?

    <p>Parliamentary sovereignty (C)</p> Signup and view all the answers

    What aspect of the UK government does the EU Withdrawal Act 2018 primarily address?

    <p>Withdrawal from the European Union (C)</p> Signup and view all the answers

    What does Article 25 of the Basic Law for the Federal Republic of Germany state about international law?

    <p>It shall be an integral part of federal law. (B)</p> Signup and view all the answers

    Which principle is likely compromised if the state acts without accountability?

    <p>Rule of law (D)</p> Signup and view all the answers

    What is the fundamental purpose of Article 20 in Germany's Basic Law?

    <p>To define the democratic structure of the state (C)</p> Signup and view all the answers

    What does the term 'constitutionalism' refer to in the context of state authority?

    <p>Limitations on governmental powers (A)</p> Signup and view all the answers

    What is primarily defined by a constitution?

    <p>The relationship between the state and the individual (B)</p> Signup and view all the answers

    Which of the following best describes the British constitution?

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

    What is a main function of Parliament?

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

    Which statement is true regarding the role of the Monarch?

    <p>Represents the armed forces and the Church of England (C)</p> Signup and view all the answers

    What is a distinctive feature of the judiciary as described?

    <p>Interprets and applies legislation (C)</p> Signup and view all the answers

    Which role does the Prime Minister primarily fulfill?

    <p>Formulator of governmental policy (B)</p> Signup and view all the answers

    What describes the function of the House of Lords?

    <p>It debates legislation and checks the government (B)</p> Signup and view all the answers

    Which characteristic is commonly associated with citizens within the state?

    <p>Civic duties and rights such as voting (C)</p> Signup and view all the answers

    What is a fundamental characteristic of the rule of law?

    <p>Everyone is entitled to equitable treatment under the law. (A)</p> Signup and view all the answers

    Which statement best represents the concept of constitutionalism?

    <p>Institutions must act within legal frameworks and uphold democratic values. (B)</p> Signup and view all the answers

    What does Article 31 of the Basic Law for the Federal Republic of Germany establish?

    <p>Federal law takes precedence over Land law. (D)</p> Signup and view all the answers

    Which principle is emphasized by the statement 'no one is above the law'?

    <p>All citizens must follow the law, regardless of status. (A)</p> Signup and view all the answers

    According to the German Basic Law, what is guaranteed by Article 4?

    <p>Freedom of faith, conscience, and creed. (B)</p> Signup and view all the answers

    Which characteristic defines the relationship between the UK Parliament and the Constitution?

    <p>The constitution is unwritten and derived from statutes and conventions. (C)</p> Signup and view all the answers

    What is an essential quality of the institutions under the principle of democracy in Germany as outlined in Article 20?

    <p>All state authority is derived from the people. (C)</p> Signup and view all the answers

    In the context of the UK Constitution, what is the significance of the Lisbon Treaty 2007?

    <p>It enhances the legislative processes of the union. (C)</p> Signup and view all the answers

    What is the fundamental role of the Parliament in the state?

    <p>To create and debate legislation (D)</p> Signup and view all the answers

    Which statement accurately describes the relationship between the Parliament and the Government?

    <p>Parliament holds the Government accountable for its actions. (D)</p> Signup and view all the answers

    Which characteristic differentiates the British constitution from many others?

    <p>It is primarily unwritten rather than a single, codified document. (D)</p> Signup and view all the answers

    What is a key function of the judiciary in the state?

    <p>To apply and interpret existing laws. (D)</p> Signup and view all the answers

    Which of the following roles is NOT associated with the Monarch?

    <p>Managing day-to-day government operations (A)</p> Signup and view all the answers

    What function does the House of Lords serve in the legislative process?

    <p>It debates and reviews legislation proposed by the House of Commons. (C)</p> Signup and view all the answers

    How does the British constitution characterize its form of governance?

    <p>It operates under a monarchical unitary system. (A)</p> Signup and view all the answers

    What is a responsibility of citizens within the state?

    <p>To perform jury services. (D)</p> Signup and view all the answers

    What is established by the principle of no arbitrary punishment under the rule of law?

    <p>Punishments must be established by law and be proportionate. (A)</p> Signup and view all the answers

    Which of the following correctly describes the concept of constitutionalism?

    <p>State institutions must act in accordance with established laws. (B)</p> Signup and view all the answers

    Which article in the Basic Law for the Federal Republic of Germany protects personal freedoms?

    <p>Article 4 (D)</p> Signup and view all the answers

    Under what condition can individuals in Germany resist actions that aim to abolish the constitutional order?

    <p>If no other remedy is available. (C)</p> Signup and view all the answers

    What is a key function of the European Parliament within the EU institutions?

    <p>To draft and amend proposed legislation. (B)</p> Signup and view all the answers

    What was significant about the EU Withdrawal Act 2018 for the UK?

    <p>It led to the formal exit of the UK from the EU. (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of democracy as reflected in Germany's Basic Law?

    <p>Government operates without legal accountability. (A)</p> Signup and view all the answers

    Which aspect does the concept of equality before the law encapsulate in the rule of law?

    <p>All individuals are treated the same under the law. (D)</p> Signup and view all the answers

    What is a significant aspect of the structure of the UK Parliament as it relates to legitimacy?

    <p>It must act legally and is accountable to the electorate. (C)</p> Signup and view all the answers

    Flashcards

    What is a Constitution?

    The supreme law of a state, outlining its structure, functions, and relationship with citizens. Usually a written document.

    What is unique about the British constitution?

    The British constitution is unwritten, meaning it's not codified in a single document. It's a blend of statutes, common law, conventions, and historical practices.

    What is the role of the Monarch?

    The monarch is the ceremonial head of state in the UK, with symbolic powers. They are not involved in day-to-day governance.

    What is the role of the Government?

    The government, led by the Prime Minister and Cabinet, is responsible for formulating and implementing policy.

    Signup and view all the flashcards

    What is the role of Parliament?

    The Parliament is made up of the House of Commons (elected) and the House of Lords (unelected). They make laws, debate important issues, and scrutinize the government.

    Signup and view all the flashcards

    What is the role of the Judiciary?

    The Judiciary is the system of courts that interpret and apply the law. The Supreme Court is the highest court in the UK.

    Signup and view all the flashcards

    What are the roles and rights of citizens?

    Citizens have both duties and rights. Duties include civic responsibilities like jury service. Rights include the right to vote and protection under the law.

    Signup and view all the flashcards

    What is the rule of law?

    The rule of law means that everyone, including those in power, is subject to the law. It ensures fairness, transparency, and accountability.

    Signup and view all the flashcards

    Rule of Law

    The principle that the government and its officials are subject to the law, and that everyone is equal before the law.

    Signup and view all the flashcards

    Unwritten Constitutional Doctrines

    A set of unwritten principles that guide the interpretation and application of the law, representing fundamental values.

    Signup and view all the flashcards

    Doctrine of Constitutionalism

    The idea that the Constitution is the supreme law of the land and that all other laws must conform to it.

    Signup and view all the flashcards

    EU Withdrawal Act 2018

    The Act that repealed the European Communities Act 1972 and formally removed UK from the EU.

    Signup and view all the flashcards

    Lisbon Treaty 2007

    The treaty that sets out the fundamental principles and institutions of the European Union.

    Signup and view all the flashcards

    European Court of Justice (ECJ)

    The highest court in the European Union, responsible for interpreting and enforcing EU law.

    Signup and view all the flashcards

    Basic Law for the Federal Republic of Germany 1949

    The fundamental law of Germany, guaranteeing basic human rights and defining the structure of government.

    Signup and view all the flashcards

    Article 1: Human Dignity

    Article 1 of the Basic Law for the Federal Republic of Germany, guaranteeing protection of human dignity.

    Signup and view all the flashcards

    Article 20: Basic Institutional Principles

    Article 20 of the Basic Law for the Federal Republic of Germany, defining Germany as a democratic and social federal state.

    Signup and view all the flashcards

    Article 25: International Law

    Article 25 of the Basic Law for the Federal Republic of Germany, stating that international law is an integral part of German law.

    Signup and view all the flashcards

    What are the main features of the British Constitution?

    The British Constitution is flexible, unwritten, monarchical, and unitary, meaning it can be adapted easily, is not codified in a single document, has a monarch as head of state, and has a single central government.

    Signup and view all the flashcards

    What comprises the UK's government?

    The UK government is made up of the Prime Minister, Cabinet, government departments, and civil servants. It is responsible for formulating and implementing policy.

    Signup and view all the flashcards

    What is Parliament's role?

    Parliament is responsible for making legislation, debating important issues, and checking on the government. It comprises the House of Commons (elected) and the House of Lords (unelected).

    Signup and view all the flashcards

    What are the roles and rights of UK citizens?

    Citizens in the UK have both civic duties, like jury service, and constitutional rights, such as the right to vote and protection under the law. They also enjoy fundamental rights and freedoms like a fair trial and the right to life.

    Signup and view all the flashcards

    Basic Law for the Federal Republic of Germany

    The Basic Law for the Federal Republic of Germany 1949 (as amended in 1993) guarantees basic human rights and defines the structure of the German government.

    Signup and view all the flashcards

    What are the main functions of the government?

    The Government formulates policy based on its manifesto, initiates policy, and introduces legislation to Parliament. Its main functions involve translating political will into action.

    Signup and view all the flashcards

    Good Faith Acting

    The principle that the state's institutions, especially Parliament, must act ethically and within legal boundaries.

    Signup and view all the flashcards

    Lisbon Treaty

    The treaty that established the fundamental principles and institutions of the European Union in 2007.

    Signup and view all the flashcards

    European Union (EU)

    The European Union (EU) is a group of European countries that have agreed to work together on matters such as trade, travel, and security.

    Signup and view all the flashcards

    Democracy

    The idea that authority is rooted in the people and exercised through elected officials. It highlights the importance of democratic processes like voting and representation.

    Signup and view all the flashcards

    Study Notes

    Constitution: Structure and Characteristics

    • A constitution is the most important legislation within a state.
    • It is typically a written document, outlining the form and functions of state institutions.
    • It defines the relationship between the state and the individual.
    • The British constitution is unwritten; common in a monarchy. It's flexible and unitary. Other constitutional systems include written, rigid, and federal systems (e.g., Germany, USA). Republican systems, like France, also exist.
    • Constitutional flexibility varies greatly: rigid constitutions (like Germany's) contrast with flexible systems (like the UK's).
    • Federal systems (e.g., the USA) differ from unitary systems (e.g., the UK).

    Components of the State

    • The state comprises the monarch, government (executive), parliament (legislative), courts (judiciary), and citizens.
    • Each component's key functions are distinct and detailed in the constitution.

    The Monarch

    • Formal head of state and devolved governments (Scotland, Northern Ireland, and Wales).
    • Head of armed forces and the Church of England.
    • Immune from prosecution.
    • Democratic accountability is integral to the monarchical role.

    Government (Executive)

    • Central government: Prime Minister, Cabinet, government departments, Lord Chancellor (a Cabinet position), and politically impartial civil servants.
    • Key functions include formulating policy (manifesto), initiating policy, and introducing legislation to Parliament.

    Parliament

    • Consists of the Crown, House of Commons (democratically elected), and House of Lords (unelected).
    • Primary functions are lawmaking, debate, and oversight of government action.

    House of Commons

    • Scrutinizes government actions, holds the government accountable (collectively and individually), holds individual ministers accountable, formulates legislation, and represents constituents.

    House of Lords

    • Debates and checks government action on legislation proposed by the House of Commons.

    Judiciary

    • Includes courts (with the Supreme Court as the apex), Lord Chief Justice (head), Lord Chancellor (also Secretary of State for Justice), and Attorney General.
    • Functions include applying, interpreting, and creating (precedent) law; acting as a check and balance on Parliament and the executive.

    Citizens

    • Have civic/constitutional duties (e.g., jury service) and rights (e.g., voting).
    • Enjoy fundamental rights and freedoms (e.g., right to life; right to a fair trial).

    Rule of Law

    • A foundational principle of the constitution, comprising:
      • The absolute supremacy of regular law over arbitrary power.
      • Equality before the law.
      • Constitutional law based on natural law, often unwritten and non-legally binding principles.
      • Represents basic values that guide state actions.

    Characteristics of the Rule of Law

    • Law and order are better than anarchy.
    • State institutions act lawfully.
    • No one is above the law.
    • Everyone has the right to personal liberty.
    • No arbitrary punishment.

    Doctrine of Constitutionalism

    • Derived from the principles of democracy and the rule of law.
    • Demands legal accountability and actions by state institutions; holding governments accountable to the electorate.
    • State institutions (particularly Parliament) are presumed to act in "good faith".

    UK Constitution and the European Union

    • The EU Withdrawal Act 2018 stemmed from the UK's membership in the EU, which began in 1972.
    • The EU has existed since 1957 (Treaty of European Union).
    • Key EU institutions include the European Council, European Parliament, Court of Auditors, European Court of Justice (ECJ), and European Commission.

    Basic Law for the Federal Republic of Germany

    • Basic principles of human dignity, individual freedoms (Articles 1, 2), equality (Article 3), freedom of faith, conscience, and expression (Articles 4, 5), marriage and family rights, and children's rights (Article 6) are enshrined.
    • Federalism, democracy, rule of law, and legal accountability are essential principles.
    • Federal law prevails over Land law; international law takes precedence (Article 25).
    • All Germans have the right to resist those seeking to abolish the constitutional order if no other remedy exists.
    • Consitutional principles include specific provisions for equality and freedoms of individuals.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Explore the essential elements of a constitution, including its structure, key components of the state, and the roles of the monarch and government. Understand how these components interact in the context of citizens' rights and state functions. This quiz will challenge your knowledge on constitutional laws and principles.

    More Like This

    Use Quizgecko on...
    Browser
    Browser