L.2 Sources of UK Constitution
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Questions and Answers

Which of the following is NOT a legal source of the Constitution?

  • Common Law
  • Prerogative powers
  • Constitutional conventions (correct)
  • Acts of Parliament

    • What is the primary purpose of constitutional acts?

  • To regulate local government operations
  • To define the form and function of the state (correct)
  • To establish international treaties
  • To provide guidelines for common law

    • Which Act established the UK's membership to the EU?

  • Parliament Act 1911
  • European Communities Act 1972 (correct)
  • Magna Carta 1297
  • Scotland Act 1998

    • What significant right does the Magna Carta 1297 guarantee?

    <p>Right to a trial by jury</p> Signup and view all the answers

    Which of the following acts restricts the powers of the House of Lords specifically regarding Money Bills?

    <p>The Parliament Act 1911</p> Signup and view all the answers

    Which document incorporates the European Convention on Human Rights into national law?

    <p>Human Rights Act 1998</p> Signup and view all the answers

    Which Act was expressly repealed by the EU Withdrawal Act 2018?

    <p>European Communities Act 1972</p> Signup and view all the answers

    What does Section 1(1) of the Scotland Act 1998 establish?

    <p>A Scottish Parliament</p> Signup and view all the answers

    What is the significance of Section 19 in the legislation concerning Parliament?

    <p>It adds legislative duties on Parliament.</p> Signup and view all the answers

    Which of the following is NOT a result of the Constitutional Reform Act 2005?

    <p>Introduction of the House of Lords.</p> Signup and view all the answers

    What characterizes constitutional conventions?

    <p>They are unwritten and non-legal rules.</p> Signup and view all the answers

    What does the Sewel Convention primarily regulate?

    <p>The relationship between the UK government and Scottish devolved government.</p> Signup and view all the answers

    Which case held that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

    <p>A v Home Secretary.</p> Signup and view all the answers

    Which is NOT a principal concern of constitutional conventions?

    <p>The financial responsibilities of Parliament.</p> Signup and view all the answers

    What is a potential drawback of codifying constitutional conventions?

    <p>Rigidity in the constitutional system.</p> Signup and view all the answers

    What was the purpose of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

    <p>To increase accountability and transparency in judicial appointments.</p> Signup and view all the answers

    How does the Crown relate to the advice given by the Prime Minister in constitutional conventions?

    <p>The Crown must accept and act on the advice of the Government.</p> Signup and view all the answers

    What does the Ministerial Code 2010 address?

    <p>Ministerial conduct, both individual and collective.</p> Signup and view all the answers

    What type of legislation typically includes Orders in Council?

    <p>Primary legislation</p> Signup and view all the answers

    Which of the following best defines constitutional acts?

    <p>Legislation defining the form and function of the state and its institutions.</p> Signup and view all the answers

    What significant right does the Bill of Rights 1688 protect?

    <p>Freedom of speech.</p> Signup and view all the answers

    Which Act further defined the relationship between the House of Lords and the House of Commons?

    <p>The Parliament Act 1949</p> Signup and view all the answers

    Which constitutional act defines the establishment of a Scottish Parliament?

    <p>The Scotland Act 1998</p> Signup and view all the answers

    Which of the following acts incorporates the European Convention on Human Rights into UK law?

    <p>The Human Rights Act 1998</p> Signup and view all the answers

    Which act signifies the end of the UK's membership in the EU?

    <p>EU Withdrawal Act 2018</p> Signup and view all the answers

    Which document established rights such as the right to a trial by jury?

    <p>Magna Carta 1297</p> Signup and view all the answers

    What does the Sewel Convention regulate?

    <p>The relationship between the UK government and the devolved government in Scotland</p> Signup and view all the answers

    Which of the following is a significant reform introduced by the Constitutional Reform Act 2005?

    <p>Establishment of the Supreme Court</p> Signup and view all the answers

    What is a characteristic of constitutional conventions?

    <p>They are unwritten and non-legal rules</p> Signup and view all the answers

    Which of the following acts codified aspects of constitutional conventions?

    <p>Scotland Act 2016</p> Signup and view all the answers

    What is one disadvantage of codifying constitutional conventions?

    <p>It could introduce rigidity into the system</p> Signup and view all the answers

    Which case determined that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

    <p>A v Home Secretary</p> Signup and view all the answers

    What constitutional role does the Prime Minister play concerning the Crown?

    <p>The Prime Minister advises the Crown on the dissolution of Parliament</p> Signup and view all the answers

    Which body is established to oversee judicial appointments according to the Constitutional Reform Act 2005?

    <p>Judicial Appointments Commission</p> Signup and view all the answers

    Which is NOT a recognized area of concern for constitutional conventions?

    <p>The establishment of statutory regulations</p> Signup and view all the answers

    What defines common law as described in the content?

    <p>Judge-made law based on precedent</p> Signup and view all the answers

    What is a key characteristic of acts of Parliament?

    <p>They represent primary legislation.</p> Signup and view all the answers

    Which constitutional act defines the relationship between the UK and EU institutions?

    <p>The European Communities Act 1972</p> Signup and view all the answers

    What does the Human Rights Act 1998 incorporate into national law?

    <p>The European Convention on Human Rights</p> Signup and view all the answers

    Which act explicitly redefined the powers of the House of Lords concerning money bills?

    <p>The Parliament Act 1949</p> Signup and view all the answers

    What does Section 1 of the Scotland Act 1998 declare?

    <p>The establishment of a Scottish Parliament.</p> Signup and view all the answers

    Which of the following is NOT a source of the Constitution?

    <p>Common Practice</p> Signup and view all the answers

    What does the term 'constitutional conventions' refer to?

    <p>Traditions and practices guiding governmental functions</p> Signup and view all the answers

    Which act redefined the territorial boundaries of the Kingdom?

    <p>The Union with Scotland Act 1706</p> Signup and view all the answers

    What is one key function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

    <p>To appoint judges to all courts in the UK</p> Signup and view all the answers

    Which of the following is NOT a reason cited against the codification of constitutional conventions?

    <p>It allows for greater precision of the constitution</p> Signup and view all the answers

    How does the Prime Minister's role relate to the Crown concerning legislation?

    <p>The PM advises the Crown on the dissolution of Parliament</p> Signup and view all the answers

    What does the Sewel Convention specifically regulate?

    <p>The relations between the UK Parliament and the devolution of powers</p> Signup and view all the answers

    Which of the following acts codified the Sewel Convention?

    <p>Scotland Act 2016</p> Signup and view all the answers

    Which case demonstrated that the Terrorism Act 2005 was incompatible with the Human Rights Act 1998?

    <p>A v Home Secretary</p> Signup and view all the answers

    What is a major reform introduced by the Constitutional Reform Act 2005?

    <p>Creation of the Supreme Court</p> Signup and view all the answers

    What aspect do recent constitutional conventions primarily address?

    <p>The exercise of prerogative powers</p> Signup and view all the answers

    What are common law decisions primarily based on?

    <p>Judicial precedents</p> Signup and view all the answers

    Which of the following is characterized as non-legal rules in the Constitution?

    <p>Constitutional conventions</p> Signup and view all the answers

    What type of legislation does the term 'secondary legislation' primarily refer to?

    <p>Laws enacted by ministers</p> Signup and view all the answers

    Which act is associated with reestablishing the relationship between the House of Lords and the House of Commons?

    <p>The Parliament Act 1911</p> Signup and view all the answers

    What significant change did the EU Withdrawal Act 2019 (Benn Act) bring about?

    <p>It repealed the European Communities Act 1972.</p> Signup and view all the answers

    Which constitutional act incorporates rights from the European Convention on Human Rights?

    <p>Human Rights Act 1998</p> Signup and view all the answers

    What is a primary focus of the constitutional acts listed in the content?

    <p>To establish forms and functions of state institutions.</p> Signup and view all the answers

    Which act is not classified as a constitutional act despite having significant legal implications?

    <p>The Children Act 1989</p> Signup and view all the answers

    Which source is cited as a potential addition to the existing legal rules of the Constitution?

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

    What does Section 3 of the Constitutional Reform Act 2005 mandate the courts to do?

    <p>Interpret legislation to align with the ECHR</p> Signup and view all the answers

    What is a key feature of constitutional conventions?

    <p>They are unwritten and non-legal rules</p> Signup and view all the answers

    Which responsibility does the Governor-General hold in Commonwealth countries?

    <p>Act on the advice of the British Prime Minister</p> Signup and view all the answers

    What does the Sewel Convention pertain to?

    <p>The relationship between the UK government and devolved governments in Scotland</p> Signup and view all the answers

    What is one argument in favor of codifying constitutional conventions?

    <p>It would provide greater precision and accountability</p> Signup and view all the answers

    What significant change did the Constitutional Reform Act 2005 introduce regarding judicial independence?

    <p>It established the Judicial Appointments Commission</p> Signup and view all the answers

    Which case highlighted the incompatibility of the Terrorism Act 2005 with the Human Rights Act 1998?

    <p>A v Home Secretary</p> Signup and view all the answers

    What is a major disadvantage of codifying constitutional conventions?

    <p>It may lead to rigidity in the constitutional system</p> Signup and view all the answers

    In constitutional conventions, what role does the Prime Minister have regarding the Crown?

    <p>The PM advises the Crown on the dissolution of Parliament</p> Signup and view all the answers

    Which Act codified certain aspects of the Sewel Convention?

    <p>Scotland Act 2016</p> Signup and view all the answers

    Which of the following accurately describes 'prerogative powers'?

    <p>Powers that do not require legislative approval.</p> Signup and view all the answers

    Which of the following is a characteristic of secondary legislation?

    <p>It is typically concerned with detailed arrangements.</p> Signup and view all the answers

    What important aspect does the Bill of Rights 1688 cover?

    <p>Freedom of speech and parliamentary debates.</p> Signup and view all the answers

    What is the primary function of constitutional acts?

    <p>To define the structure and functions of the state.</p> Signup and view all the answers

    Which statement best describes the 'European Communities Act 1972'?

    <p>It defined the relationship between UK institutions and the EU.</p> Signup and view all the answers

    What does the 'Human Rights Act 1998' achieve in the context of UK law?

    <p>It incorporates the European Convention on Human Rights into national law.</p> Signup and view all the answers

    Which constitutional act is primarily responsible for re-establishing Scottish Parliament?

    <p>Scotland Act 1998</p> Signup and view all the answers

    What is the significance of the 'Union with Scotland Act 1706'?

    <p>It redefined the territorial boundaries of the Kingdom.</p> Signup and view all the answers

    What is the primary function of the Judicial Appointments Commission established by the Constitutional Reform Act 2005?

    <p>To oversee the appointment of judges in the UK</p> Signup and view all the answers

    Which of the following best describes the nature of constitutional conventions?

    <p>They are unwritten and non-legal practices</p> Signup and view all the answers

    Which of the following actions characterizes the role of the Prime Minister according to constitutional conventions?

    <p>The PM must maintain the independence of the judiciary</p> Signup and view all the answers

    What major change did the Scotland Act 2016 implement regarding devolved government?

    <p>It codified the Sewel Convention</p> Signup and view all the answers

    Which of the following statements about the Sewel Convention is accurate?

    <p>It regulates the relationship between devolved governments and UK Parliament</p> Signup and view all the answers

    What potential disadvantage is associated with codifying constitutional conventions?

    <p>It may restrict the adaptive nature of constitutional practices</p> Signup and view all the answers

    Which of the following accurately reflects a responsibility of the Crown as per constitutional conventions?

    <p>To grant Royal Assent to legislation proposed by Parliament</p> Signup and view all the answers

    What is a key feature of common law as defined in the provided content?

    <p>It is judge-made law based on precedent</p> Signup and view all the answers

    What are constitutional acts primarily concerned with?

    <p>Defining the relationship between different government branches</p> Signup and view all the answers

    What is a function of constitutional acts within the legal system?

    <p>They define the functions of state institutions.</p> Signup and view all the answers

    Which of the following best describes a characteristic of primary legislation?

    <p>It includes acts of Parliament and Orders in Council.</p> Signup and view all the answers

    Which act is known for incorporating the European Convention on Human Rights into UK law?

    <p>Human Rights Act 1998</p> Signup and view all the answers

    What does the term 'prerogative powers' refer to in the context of constitutional sources?

    <p>Powers that are inherent to the Crown.</p> Signup and view all the answers

    Which of the following acts aimed to restrict the powers of the House of Lords regarding money bills?

    <p>The Parliament Act 1911</p> Signup and view all the answers

    What is one of the rights established by the Bill of Rights 1688?

    <p>Right to freedom of speech</p> Signup and view all the answers

    Which act was repealed by the EU Withdrawal Act 2018?

    <p>European Communities Act 1972</p> Signup and view all the answers

    Which of the following best describes the role of acts of Parliament in the legal hierarchy?

    <p>They hold the highest authority in legislation.</p> Signup and view all the answers

    What is one of the primary powers granted to the courts under Section 3?

    <p>To interpret legislation enhancing compatibility with the ECHR</p> Signup and view all the answers

    Which statement best describes constitutional conventions?

    <p>They are unwritten, non-legal rules governing constitutional practices</p> Signup and view all the answers

    What role does the Sewel Convention play in the UK's constitutional framework?

    <p>Regulates relations between the UK and devolved governments</p> Signup and view all the answers

    What is a potential drawback cited against codifying constitutional conventions?

    <p>Loss of flexibility within the constitutional framework</p> Signup and view all the answers

    How does the Prime Minister's relationship with the Crown influence Parliament's operations?

    <p>The PM advises the Crown on the dissolution of Parliament</p> Signup and view all the answers

    Which body was created to oversee judicial appointments as a result of recent constitutional reforms?

    <p>Judicial Appointments Commission</p> Signup and view all the answers

    Which major component was codified in the Scotland Act 2016 relevant to constitutional conventions?

    <p>Regulation of the Sewel Convention</p> Signup and view all the answers

    What major change regarding judicial independence did the Constitutional Reform Act 2005 implement?

    <p>It codified conventions on judicial independence</p> Signup and view all the answers

    Which scenario exemplifies the exercise of prerogative powers as mentioned in constitutional conventions?

    <p>The Governor-General representing the Crown based on the PM's advice</p> Signup and view all the answers

    Study Notes

    Sources of the UK Constitution

    • Legal sources include Acts of Parliament, common law, and Orders in Council.
    • Non-legal sources are constitutional conventions and prerogative powers.
    • International law is not a primary source.
    • Laws enacted by ministers are secondary legislation.
    • Additional legal sources of UK constitution include Acts of Parliament and common law.
    • Legal sources encompass Acts of Parliament, common law (judge-made law), and Orders in Council.
    • Non-legal sources include constitutional conventions and prerogative powers.

    Legislation

    • Primary legislation comprises Acts of Parliament and Orders in Council.
    • Secondary legislation consists of laws made by ministers.
    • Acts of Parliament are the highest form of law.
    • Orders in Council are primary legislation.

    Constitutional Acts

    • Constitutional acts define the state's form, function, institutions (e.g., Crown, courts, and citizens), and roles; defining form and function of the state and its institutions.
    • Examples include: Magna Carta (1297—trial by jury and habeas corpus), Bill of Rights (1688—freedom of speech), Union with Scotland Act (1706), Parliament Acts (1911, 1949—limitation on House of Lords), European Communities Act (1972—EU membership—repealed; established UK membership and relations with EU institutions), Scotland Act (1998), Northern Ireland Act (1998), Government of Wales Act (1998), Human Rights Act (1998—incorporated ECHR; incorporates ECHR and sets out public body responsibilities and parliament duties; allows courts to interpret legislation compatibly with ECHR), Constitutional Reform Act (2005—Supreme Court, Lord Chancellor reforms; codifies judicial independence), EU Withdrawal Act 2018, EU Withdrawal Act 2019 (Benn Act),Scotland Act 1998 (Sec.1(1) establishes a Scottish Parliament, and Sec. 29 outlines Westminster-Scottish Parliament relations). and any other Acts enacting a specific role or function for specific institutions or citizens.
    • Constitutional Acts can establish a state's form (e.g., Monarchial, Republican), function, and institutions (e.g., Crown, courts, and citizens).

    Common Law

    • Common law is derived from judicial precedents.
    • Key examples include the framework for prerogative powers (e.g., GCHQ case).
    • Courts interpret statutes (e.g., A v Home Secretary—Terrorism Act 2005 and Human Rights Act 1998 incompatibility; HoL held Terrorism Act 2005 incompatible with HRA 1998).

    Constitutional Conventions

    • Constitutional conventions are unwritten, non-enforceable rules governing the UK government.
    • They primarily concern relations between executive, legislative, and judicial branches; relating to power exercise, relations between Houses, and UK-Commonwealth ties.
    • Examples include: the Crown accepting government advice, the Prime Minister's role as majority party leader, the Crown's grant of Royal Assent; PM is majority party leader.
    • Recent conventions include ministerial conduct rules (e.g., expense scandals, Iraq invasion) and the Sewel Convention (UK and devolved governments, codified in Scotland Act and Wales Acts).
    • Conventions regarding exercise of prerogative powers, Cabinet system, House of Lords/Commons relations, and UK-Commonwealth relations are central.
    • Conventions also exist regarding the setting of the Commons agenda by the PM, Leader of the House, and Leader of the Opposition. -Conventions define the unwritten rules and relationships between institutions in the UK. Their characteristics are unwritten, non-enforceable, and govern functions, power-sharing, and UK-Commonwealth relations.

    Codification of Conventions

    • Arguments for codification include greater clarity and accountability.
    • Arguments against include reduced flexibility and difficulty in defining all conventions; loss of flexibility and system rigidity.
    • Scotland Act 2016 (Sec. 28(8)) and Wales Act 2017 (Sec. 107(6)) codified the Sewel Convention.

    Hierarchy of Acts?

    • The hierarchy of acts is not explicitly specified.

    Specific Legislation Examples

    • Magna Carta (1297): established rights to trial by jury and habeas corpus (judicial review).
    • Bill of Rights (1688): secured freedom of speech and protected parliamentary debates from legal challenge outside Parliament.
    • Union with Scotland Act (1706): redefined the UK's territorial boundaries.
    • Parliament Act 1911: limited the powers of the House of Lords regarding money bills.
    • Parliament Act 1949: further defined the relationship between the Lords and Commons (Bill rejection at second reading).
    • Scotland Act 1998: established a Scottish Parliament and outlines its relationship with the Westminster Parliament (Sec. 29). Defines the relationship between Westminster and the Scottish Parliament.
    • Northern Ireland Act 1998
    • Government of Wales Act 1998.
    • Human Rights Act 1998: incorporated the European Convention on Human Rights into UK law, defining public bodies (Sec. 6) and adding legislative duties on Parliament (Sec. 19) allowing interpretation of legislation for compatibility with the ECHR (Sec. 3).
    • Constitutional Reform Act 2005: established the Supreme Court and reformed the Lord Chancellor's office, codifying judicial independence (Sec. 3); created the Judicial Appointments Commission.
    • EU Withdrawal Act 2018/2019: repealed the European Communities Act and redefined the UK's exit from the EU.
    • European Communities Act 1972 (repealed) defined UK membership and EU relations.
    • Scotland Act 2016, Sec.28 (8): codifies Sewel Convention relating to UK and devolved government interactions.
    • Wales Act 2017, Sec. 107(6): codifies Sewel Convention relating to UK and devolved government interactions.

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    Test your knowledge on the various legal and non-legal sources of the UK Constitution. This quiz covers primary and secondary legislation, as well as significant constitutional acts that shape the UK’s political landscape. Understand the role of conventions, prerogative powers, and the impact of historical documents.

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