British Constitution Exam Questions and Answers
What is a constitution? - ANSWER-Something outlines the rights, values and responsibilities of citizens and the state and the relationship between the two. In countries that have rapid change through war e.g. USA and France, their constitution is written as - ANSWER-a single document The UK does not have the constitution in one place. The constitution is .... - ANSWER-unwritten constitution What is the disadvantage of not having a written constitution? - ANSWER-It is not clear. Causes many problems amongst lawyers. E.g. 2007 Lisbon Treaty was considered by many a European constitution in all but name, but UK didn't have to debate the issues as the changes wouldn't provoke amendments to our constitution. What are the advantages of a written constitution? - ANSWER-It is flexible without having to be amended What is the Magna Carta - ANSWER-Signed in 1215 by King John, introduced the Rule of Law- everyone deserved a fair trial and nobody was above the law What makes up the British Constitution? - ANSWER-Statutes- Acts of Parliament (e.g. Magna Carta) Common Law- Judge made or case law Conventions - customs and traditions e.g. black rod Treatises - Authoritative books on constitutional law Treaties - EU and other international agreements What was established in 1689? - ANSWER-The doctrine of Parliamentary Sovereignty (after the glorious revolution of 1688) What is Parliamentary Sovereignty? - ANSWER-This means the monarch can only rule through Parliament. Also means that a parliament isn't constrained by decisions made by a previous parliament. Why is is Parliamentary Sovereignty against the notion of a written constitution? - ANSWER-The next parliament could simply repeal the act that brought in a constitution. Why is Parliamentary Sovereignty an issue? - ANSWER-- Conflicts with EU - Conflicts with ECHR e.g. The UK's ban on prisoner votes
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