Podcast
Questions and Answers
Which of the following is NOT a characteristic of the British constitution?
Which of the following is NOT a characteristic of the British constitution?
What is the primary function of the House of Commons?
What is the primary function of the House of Commons?
Which of the following statements about the Monarch is true?
Which of the following statements about the Monarch is true?
What is the highest court in the UK?
What is the highest court in the UK?
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Which branch of the state is responsible for applying legislation made by Parliament?
Which branch of the state is responsible for applying legislation made by Parliament?
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What role does the Prime Minister play in the government?
What role does the Prime Minister play in the government?
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Which function is NOT performed by the House of Lords?
Which function is NOT performed by the House of Lords?
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What is a key source of the constitution in the UK?
What is a key source of the constitution in the UK?
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What is the primary characteristic of the rule of law?
What is the primary characteristic of the rule of law?
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What does the doctrine of constitutionalism relate to?
What does the doctrine of constitutionalism relate to?
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Which of the following is NOT a main EU institution?
Which of the following is NOT a main EU institution?
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Which article in the Basic Law for the Federal Republic of Germany pertains to equality before the law?
Which article in the Basic Law for the Federal Republic of Germany pertains to equality before the law?
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According to the Germany's Basic Law, what precedes federal law?
According to the Germany's Basic Law, what precedes federal law?
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What does the EU Withdrawal Act 2018 signify for the UK?
What does the EU Withdrawal Act 2018 signify for the UK?
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What does Article 20 of Germany's Basic Law establish?
What does Article 20 of Germany's Basic Law establish?
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What right do all Germans have under Article 20 of the Basic Law?
What right do all Germans have under Article 20 of the Basic Law?
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What is emphasized by the principle that 'no one is above the law'?
What is emphasized by the principle that 'no one is above the law'?
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What does the concept of personal liberty guarantee?
What does the concept of personal liberty guarantee?
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Study Notes
Constitution: Structure and Characteristics
- A constitution is the most important legislation in a state, usually a written document.
- It outlines the structure and functions of state institutions and the relationship between the state and citizens.
- British constitution is unwritten, monarchical, flexible, and unitary.
Components of the State
- The state comprises the monarch, government (executive), parliament (legislative), courts (judiciary), and citizens.
- Key functions of each component are distinct and outlined in the constitution.
The Monarch
- The monarch is the formal head of state and devolved governments, head of armed forces, and head of the Church of England.
- The monarch enjoys immunity from prosecution.
- Democratic accountability of the monarch is a key characteristic.
Government (Executive)
- Composed of the Prime Minister, Cabinet, government departments, civil servants (politically impartial), and Lord Chancellor.
- Key functions are policy formulation, initiation, and introduction of legislation.
Parliament
- Consists of the Crown, House of Commons (democratically elected), and House of Lords (unelected).
- Primary functions are lawmaking, debate, and oversight of the government.
House of Commons
- Function is to scrutinize government actions, hold the government accountable, hold ministers accountable, legislate, and represent their constituents.
House of Lords
- Function is to debate and check on government actions.
Judiciary
- Comprises the courts (Supreme Court as the highest), Lord Chief Justice (head of the judiciary), and Lord Chancellor (Secretary of State for Justice).
- Apply, interpret, and create (via precedents) law.
- Serve as a check and balance on both parliament and executive.
Citizens
- Citizens have civic/constitutional duties (jury service) and rights (voting).
- Fundamental rights and freedoms are protected and guaranteed.
Rule of Law
- Rule of law is a key source of the constitution and comprises principles of:
- Absolute supremacy of law over arbitrary power,
- Equality before the law, and
- Constitutional law based on natural law.
- Unwritten, non-legally binding principles representing basic values guiding state actions.
Characteristics of the Rule of Law
- Importance of law and order, lawful actions by state institutions, accountability of all, rights to personal liberty, and absence of arbitrary punishment.
Doctrine of Constitutionalism
- Constitutionalism stems from the principles of democracy and rule of law.
- Requires legal accountability and actions by state institutions, with governments accountable to the electorate.
UK and the European Union
- EU membership has influenced the UK constitution, with the EU Withdrawal Act 2018 being a notable development.
- Key EU institutions include the European Council, European Parliament, Court of Auditors, European Court of Justice, and European Commission.
Basic Law for the Federal Republic of Germany
- Basic principles of human dignity, personal freedoms, equality, freedom of faith, conscience, expression, marriage and family, and children.
- Importance of federalism, democracy, and the rule of law, with all bodies accountable.
- Supremacy of federal law over Land law and the international law.
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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.
