Constitutional Principles and Structures Quiz

Constitutional Principles and Structures

• A constitution is the most important legislation within a state, usually a written document. It outlines the state's institutions and the relationship between the state and individuals.
• The British constitution is unwritten, monarchical, flexible, and unitary. Other countries may have written, republican, rigid, or federal constitutions.

Constituent Parts of a State

• A state is composed of the monarch, government, parliament, courts, and citizens.

The Monarch

• The monarch is the formal head of state and devolved governments (Scotland, Northern Ireland, Wales). They are also the head of the armed forces and the Church of England.
• The monarch is immune from prosecution.

The Government (Executive)

• The executive branch includes the prime minister, cabinet, government departments, the lord chancellor, and civil servants.
• Key functions include formulating and introducing policy and legislation to parliament.

Parliament

• Parliament consists of the Crown, House of Commons (elected MPs), and House of Lords (unelected peers).
• Key functions include making legislation, debating issues, and scrutinizing the government.

House of Commons

• The House of Commons scrutinizes government actions, holds both the government and individual ministers accountable, and represents constituents' interests.

House of Lords

• The House of Lords debates legislation and acts as a check on the government.

Judiciary

• The judiciary consists of courts (with the Supreme Court as the highest), the lord chief justice, lord chancellor, and attorney general.
• Judicial functions include applying and interpreting legislation, creating case law, and acting as a check on both the parliament and the executive.

Citizens

• Citizens have civic duties (like jury service) and rights (like voting) within a constitutional framework.
• Citizens enjoy fundamental rights and freedoms, such as the right to life and a fair trial.

Rule of Law

• The rule of law, a cornerstone of constitutionalism, emphasizes the supremacy of law over arbitrary power, equality before the law, and the adherence to natural law. This includes state institutions operating lawfully and no one being above the law.

Constitutionalism

• Constitutionalism emphasizes a system of checks and balances, democratic accountability, and the rule of law, demanding that all branches and bodies of state behave legally.

UK Constitution and the European Union

• Key legislation includes the EU Withdrawal Act 2018, EU establishment in 1957, and the UK's membership since 1972.
• The EU institutions, such as the European Council, European Parliament, Court of Auditors, European Court of Justice (ECJ), and European Commission, are involved in the structure of the British Constitution.

Basic Law for the Federal Republic of Germany (1949)

• Key articles outline principles of human dignity, personal freedoms, equality, freedom of faith and expression, marriage, family and children's rights, basic institutional principles, and the defense of the constitutional order.
• Federal law prevails over land law, and international law is integrated into German law.