Introduction to Constitutional Law
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Questions and Answers

Which chamber of Parliament is composed of bishops and lords?

  • House of Lords (correct)
  • House of Commons
  • The Senate
  • The Crown

The House of Commons consists of 650 Members of Parliament (MPs).

True (A)

What is the main responsibility of the House of Commons regarding the executive?

Holding the executive to account

The three distinct categories of power in the separation of powers are legislative, executive, and __________.

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

Match the elements of Parliament with their composition:

<p>Crown = Monarch House of Lords = Bishops, Lords House of Commons = Members of Parliament (MPs)</p> Signup and view all the answers

What does the term 'universal adult suffrage' refer to?

<p>The right to vote for all adults (C)</p> Signup and view all the answers

The Speaker of the House has the authority to maintain order during debates.

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

Name one principle of the separation of powers designed to prevent abuse of power.

<p>Prevention of abuse of power</p> Signup and view all the answers

What is the supreme law-making authority in the UK?

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

Parliament has limits on its power to create laws.

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

What are the three distinct categories of power in the separation of powers system?

<p>Legislative, Executive, Judicial</p> Signup and view all the answers

The judiciary is responsible for interpreting laws and ensuring they are consistent with the ______.

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

Match the following features of Parliamentary Sovereignty and their descriptions:

<p>Supreme law-making authority = Power to make or unmake any law. No limits on power = Ability to create laws on any subject. Cannot bind successors = Each new Parliament can amend previous laws.</p> Signup and view all the answers

Which role has seen recent reforms that limited its influence in judicial appointments?

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

The judiciary includes judges who are elected to their positions.

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

What is the primary purpose of the separation of powers?

<p>To prevent abuse of power and protect individual rights</p> Signup and view all the answers

What is one requirement for a person to be eligible to vote?

<p>Not be currently serving a prison sentence (C)</p> Signup and view all the answers

All individuals are eligible to stand for election if they meet certain requirements.

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

Who makes up the Lords Spiritual in the House of Lords?

<p>The most senior bishops of the Church of England</p> Signup and view all the answers

The House of Lords is an _____ chamber.

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

Match the following categories of House of Lords members with their descriptions:

<p>Hereditary Peers = Members of the nobility who inherit their titles Life Peers = Individuals appointed by the monarch on the advice of the Prime Minister Lords Spiritual = Most senior bishops of the Church of England Lords Temporal = Hereditary peers and life peers</p> Signup and view all the answers

What is the maximum number of hereditary peers that can remain members of the House of Lords after the reform?

<p>92 (C)</p> Signup and view all the answers

The legislative process in the UK does not involve the House of Lords.

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

What is a bill?

<p>A proposed law introduced into Parliament</p> Signup and view all the answers

Which of the following is NOT a source of constitutional law in the UK?

<p>International treaties (C)</p> Signup and view all the answers

The unwritten constitution of the UK is comprised solely of legal sources.

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

What principle holds that everyone, including government officials, is subject to the law?

<p>The Rule of Law</p> Signup and view all the answers

Parliament is considered the _____ law-making authority in the UK.

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

Which of the following is an advantage of constitutional conventions?

<p>They are flexible and adaptable to changing circumstances. (A)</p> Signup and view all the answers

Procedural limits of the law mean that individuals do not have access to justice.

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

Match the following constitutional principles with their descriptions:

<p>Rule of Law = Supremacy of the law and non-retroactivity Parliamentary Sovereignty = Parliament is the supreme law-making authority</p> Signup and view all the answers

Name one key element of the Rule of Law.

<p>Supremacy of the law, non-retroactivity, or procedural limits</p> Signup and view all the answers

Which of the following is NOT a key requirement for a judicial review action?

<p>The claimant must seek monetary compensation (B)</p> Signup and view all the answers

The principle of parliamentary sovereignty means that Parliament is bound by its previous laws.

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

What does the rule of law stipulate regarding government and citizens?

<p>Both the government and its citizens are subject to the law and must obey it.</p> Signup and view all the answers

Constitutional law helps to protect individual rights, such as the right to freedom of ______.

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

Match the following principles of constitutional law with their descriptions:

<p>Parliamentary sovereignty = Ultimate authority to make laws Rule of law = Government and citizens are subject to the law Separation of powers = Prevention of abuse of power by dividing branches of government Individual rights = Protection of personal freedoms and rights</p> Signup and view all the answers

What is the purpose of constitutional law in practice regarding government power?

<p>To limit government power (D)</p> Signup and view all the answers

Constitutional law ensures that the government acts in a transparent and unlawful manner.

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

How does constitutional law promote accountability in government?

<p>By ensuring that the government is accountable to its citizens and acts lawfully.</p> Signup and view all the answers

What does parliamentary sovereignty imply?

<p>Parliament has the highest authority and can create or abolish any law (D)</p> Signup and view all the answers

Parliamentary privilege allows members to perform their duties without facing external interference.

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

Who is known for the book 'Introduction to the Study of the Law of the Constitution'?

<p>Professor Albert Venn Dicey</p> Signup and view all the answers

A ____ is a document issued by the Government that sets out its policies on a specific issue.

<p>white paper</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Cross-benchers = Independent peers in the House of Lords Whips = Officials maintaining discipline in parties Three-line whip = A signal of important voting Green paper = A document for debate and consultation</p> Signup and view all the answers

Which of the following is the first step in the parliamentary process for a public bill?

<p>Introduction of the bill in the House of Commons (C)</p> Signup and view all the answers

The 'first past the post' system requires a candidate to secure a certain percentage of votes to win.

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

What is the primary responsibility of the Treasury in the government structure?

<p>Finances, government spending, and economic policy</p> Signup and view all the answers

The ____ party is associated with those wanting Northern Ireland to remain part of the United Kingdom.

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

What stage follows the committee stage in the parliamentary process?

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

Flashcards

Parliamentary Sovereignty: Supreme Law-Making Authority

Parliament, the legislative body, has the supreme authority to create, change, or abolish any law without limitations on its power.

Parliamentary Sovereignty: Cannot Bind Successors

Parliament cannot restrict the power of future Parliaments to alter or overturn laws passed by previous Parliaments.

Separation of Powers

The principle of dividing governmental power among three distinct branches: legislative (lawmaking), executive (law enforcement), and judicial (law interpretation).

Legislative Branch (Separation of Powers)

The branch responsible for creating laws.

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Executive Branch (Separation of Powers)

The branch responsible for enforcing laws.

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Judicial Branch (Separation of Powers)

The branch responsible for interpreting laws and ensuring they align with the constitution.

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Role of the Judiciary

The judiciary's role in ensuring laws are consistent with the constitution.

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Lord Chancellor

A high-ranking official in the UK government with a key role in judicial appointments.

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UK Constitution

A set of principles and rules, both written and unwritten, that govern the UK's political system.

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Constitutional Conventions

Unwritten rules based on tradition and precedent, followed by government officials and institutions.

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The Rule of Law

The idea that everyone, including government officials, is subject to the law.

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Parliamentary Sovereignty

The principle that Parliament holds the supreme law-making power in the UK.

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Supremacy of the Law

The highest authority in the land, to which everyone is subject.

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Non-retroactivity

Laws should not be applied retroactively to punish actions that were not illegal when they were committed.

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Procedural Limits

Clear procedures should exist for exercising power and individuals should have access to justice and a fair trial.

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Equality before the Law

The law should not be applied in an arbitrary or unfair way.

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What is the role of the Crown in Parliament?

The Monarch, who holds a formal position but does not have active political power.

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What is the House of Lords?

The upper chamber of Parliament, comprised of Bishops and Lords. It is less powerful than the House of Commons.

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What is the House of Commons?

The lower chamber of Parliament, consisting of elected Members of Parliament (MPs). It holds more power than the House of Lords.

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What is the Separation of Powers?

This doctrine divides government power into three branches: the legislative, executive, and judicial. It aims to prevent any one branch from becoming too powerful.

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Explain the principle of 'Prevention of Abuse of Power' in the Separation of Powers.

The main purpose of this principle within the Separation of Powers is to ensure no single branch of government can become too powerful.

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Explain the principle of 'Protection of Individual Rights' in the Separation of Powers.

This key principle of the Separation of Powers intends to safeguard individuals from abuses by the government.

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Explain the principle of 'Checks and Balances' in the Separation of Powers.

This principle ensures that each branch of government has some control over the actions of the others. This prevents any one branch from becoming dominant.

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Describe the House of Commons.

The lower house of Parliament, with 650 Members of Parliament (MPs). The Speaker is a neutral figure who maintains order.

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Who Can Vote in the UK?

To be eligible, someone must be over 18, registered on the electoral roll, and not disqualified.

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What Disqualifies Someone from Voting?

Prison sentences, illegal election practices, and being a non-citizen.

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Who Cannot Stand for Election in the UK?

Judges, government officials, military personnel, and some others are ineligible.

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What are the Types of Members in the House of Lords?

The House of Lords has two categories of members: Lords Spiritual (senior Church of England bishops) and Lords Temporal (hereditary and life peers).

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How are Hereditary and Life Peers Appointed?

Hereditary peers inherit their titles and seats, while life peers are appointed by the monarch on the advice of the Prime Minister.

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What was the Impact of the House of Lords Act 1999?

The House of Lords Act 1999 reduced the number of automatically inheriting peers to 92, and they vote for replacements when seats become vacant.

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How are Life Peers Appointed in Practice?

The Prime Minister advises the monarch on life peer appointments, with the majority of appointments being political peers nominated by party leaders.

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Parliamentary Privilege

The rights and protections enjoyed by members of Parliament to enable them to carry out their duties without interference.

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Constitutional Principles

Fundamental principles that underpin the UK's constitution and guide its interpretation.

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Cross-bencher

Independent members of the House of Lords who don't align with the government or opposition.

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First Past the Post

A voting system where the candidate with the most votes wins, even if they don't get a majority.

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Unionists

Those who advocate for Northern Ireland to remain part of the UK.

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Whips

Officials responsible for maintaining discipline and communication within a parliamentary party.

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White Paper

A document issued by the government outlining its policies and proposals for new laws.

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Parliamentary Process

The stages involved in passing a new law through Parliament.

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Three-line Whip

A signal from party whips indicating a vote is crucial and members are expected to attend and vote in line with the party.

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Rule of Law

This principle ensures that the government and its citizens are all subject to the law and must obey it, regardless of power or position.

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Limiting Government Power

Constitutional law ensures that the government stays within its limits, preventing it from overstepping its authority and acting outside of its powers.

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Protecting Individual Rights

Constitutional law safeguards individual rights, ensuring the government respects and protects them. This includes key rights like freedom of speech and fair trial.

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Promoting the Rule of Law

Constitutional law promotes the rule of law by ensuring that the government and its citizens are subject to the law and must obey it.

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Locus Standi

Legal standing or the right to bring a case before a court. A person must have a genuine interest in the matter being reviewed to have locus standi.

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Time Limits

A judicial review application must be made within a reasonable timeframe. Delays may weaken the case and lead to its dismissal.

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Study Notes

Introduction to Constitutional Law

  • The UK has an unwritten constitution, comprised of various instruments and conventions
  • Constitutional law sources are categorized as legal (statutes, case law) and non-legal (conventions, unwritten rules)

Constitutional Conventions

  • Conventions are important sources of constitutional law
  • They are unwritten rules based on tradition, custom, and precedent
  • They can be adapted to changing circumstances
  • Conventions are not legally enforceable but are widely accepted and followed

Important Constitutional Principles

  • The Rule of Law: Everyone (including officials) is subject to the law, and no one is above it
  • Parliamentary Sovereignty: Parliament is the supreme law-making authority in the UK

The Rule of Law

  • The law is the highest authority
  • Everyone is subject to the law
  • Laws should not be applied retroactively
  • Procedures for exercising power should be clear
  • Individuals should have access to fair justice

Parliamentary Sovereignty

  • Parliament has the supreme law-making authority
  • There are no limits on Parliament's power to make laws
  • Parliament cannot bind its successors
  • Parliament can repeal or amend its own laws

The Separation of Powers

  • Power is divided into three distinct branches
    • Legislative (makes laws)
    • Executive (enforces laws)
    • Judicial (interprets laws)
  • This division prevents any one branch from becoming too powerful
  • It protects individual rights and prevents abuse of power

The Role of the Judiciary

  • The judiciary plays a vital role in interpreting laws and upholding the constitution
  • Judges are appointed to their positions and are responsible for applying the law fairly

The Role of the Lord Chancellor

  • The Lord Chancellor is a high-ranking official
  • They play a key role in judicial appointments
  • Recent reforms have limited their role in this process

The Composition of Parliament

  • Parliament is composed of the Crown, House of Lords, and House of Commons

Definition of the Separation of Powers

  • Power is divided into legislative, executive, and judicial categories
  • This division prevents abuse of power

Key Principles of the Separation of Powers

  • Prevention of abuse of power
  • Protection of individual rights
  • Checks and balances

The House of Commons

  • The House of Commons is the lower house of Parliament
  • It consists of 650 Members of Parliament (MPs)
  • The Speaker of the House ensures order during debates

Responsibilities of the House of Commons

  • Holding the executive to account
  • Allowing the government to raise taxes
  • Providing a forum for debate on national interest

The Right To Vote

  • Voting is based on universal adult suffrage
  • Eligibility criteria include being over 18, on the electoral register, and not disqualified

Eligibility To Stand for Election

  • Certain individuals are disqualified from running for election (e.g., certain convicted criminals)

The House of Lords

  • The House of Lords is the upper house of Parliament
  • The House of Lords currently has around 800 members
  • The composition includes Lords Spiritual and Lords Temporal (hereditary and life peers)

Reform of the House of Lords

  • The House of Lords Act 1999 abolished the automatic right of hereditary peers to remain in the Lords

Appointment of Life Peers

  • Life peers are appointed by the monarch, on the advice of the Prime Minister
  • They are nominated by political party leaders

Introduction of Bills

  • A bill is a proposed law
  • Public bills are introduced by ministers
  • Public bills have a higher chance of success
  • Private bills are introduced by non-ministerial members
  • Bills undergo several stages (first reading, second reading, committee stage, report stage, third reading)

The Role of the Monarch

  • The monarch plays a role in the legislative process through Royal Assent
  • But their power to refuse Royal Assent is limited

The Parliament Acts

  • The Parliament Acts of 1911 and 1949 limit the House of Lords' power to delay or reject bills
  • The House of Commons can override a House of Lords rejection

Royal Assent

  • Royal Assent is the final stage of the legislative process
  • The monarch formally approves a bill
  • Their role is largely a convention, meaning it is exercised in accordance with the Prime Minister's advice

Devolution

  • Devolution transfers power from central authority to regional/local authorities
  • This can result in the creation of regional assemblies

Composition of Regional Assemblies

  • Table summarizing the composition of regional UK assemblies

Role of the Sovereign

  • The sovereign has multiple roles in government, including governing the Church of England, being a Commonwealth member, and exercising Royal Assent

Key Concepts

  • Links constitutional law to legislative processes
  • Discusses parliamentary sovereignty
  • Explains devolution
  • Lists key concepts of constitutional law

Key Concepts

  • Summarizes fundamental principles of constitutional law

Judicial Review

  • Judicial review process and requirements
  • Locus standi
  • Judgments being within a reasonable time

Key Principles

  • Summarizes key principles: parliamentary sovereignty, rule of law, separation of powers

Constitutional Law in Practice

  • Discusses how constitutional law is used to limit government power, protect individual rights, and promote the rule of law
  • Provides a table illustrating the key areas where constitutional law is applied

Parliamentary Process

  • Outlines the stages involved in the parliamentary process of a public bill
  • Includes details about different documents involved (e.g., Green paper)

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