The British constituency and the monarchy

politics exam

What is the difference between a written and an unwritten constitution?

A written constitution is a single, formal document that outlines the rights, values, and responsibilities of citizens and the state (e.g., the USA and France). An unwritten constitution, like the UK's, is not contained in one document but is made up of multiple sources such as statutes, common law, conventions, and treaties.

What is the British constitution made up of?

• Statute: Acts of Parliament.

• Common Law: Judge-made or case law.

• Conventions: Customs and traditions that influence government behavior.

• Treatises: Authoritative books on constitutional law (e.g., Parliamentary Practice by Erskine May).

• Treaties: International agreements, such as those related to the EU.

What is the significance of the Magna Carta (1215)?

The Magna Carta was the first document to establish the principle that everyone, including the king, was subject to the law. It gave free men the right to justice and a free trial and provided some protection against the arbitrary authority of rulers.

What was the importance of the Bill of Rights (1689) in the UK's constitution?

The Bill of Rights (1689) established the principle of Parliamentary Sovereignty, meaning that the monarch can only rule through Parliament. This shifted the balance of power from the monarchy to Parliament and laid the foundation for modern constitutional law in the UK.

What is Parliamentary Sovereignty, and why is it significant?

Parliamentary Sovereignty is the principle that Parliament is the supreme legislative body, and no external body (including international organizations like the EU) can override its laws.

What was the role of the Human Rights Act (1998) in UK law?

The Human Rights Act (1998) incorporated the European Convention on Human Rights into UK law, giving individuals the right to challenge decisions that violate their rights. It led to some tension between UK Parliament and the European Court of Human Rights (ECHR), especially regarding issues like prisoners' voting rights.

What was the purpose of Baron de Montesquieu's tripartite separation of powers?

Baron de Montesquieu recommended a separation of powers into three branches of government: the Executive, the Legislature, and the Judiciary, to prevent any one branch from becoming too powerful and to protect the rule of law from government interference.

What is the role of the Executive, Legislature, and Judiciary in the UK government?

• The Executive: The Prime Minister and Cabinet, responsible for implementing and enforcing laws.

• The Legislature: The House of Commons and the House of Lords, responsible for making and passing laws.

• The Judiciary: The judges and the Supreme Court, responsible for interpreting and applying the law.

How did the UK's membership in the EU impact Parliamentary Sovereignty?

Some argued that the UK's membership in the EU violated Parliamentary Sovereignty, as certain laws made by the EU could override UK law. This conflict was one of the key issues in the Brexit debate, where the UK decided to leave the EU to restore full legislative control to Parliament.

What is the role of the UK monarch in the government?

The UK monarch is the head of state, but in practice, their role is largely ceremonial with little real power.

What powers does the King have in the UK?

• Summoning and dissolving Parliament.

• Giving Royal Assent to Bills passed by Parliament.

• Writing the King's Speech outlining the Bills to be presented to Parliament.

• Declaring War.

• Creating knighthoods and other honours.

• Appointing senior officials like judges, police chiefs, and diplomats.

What is the Royal Prerogative?

The Royal Prerogative refers to a set of powers traditionally held by the monarch but now exercised by the Prime Minister and the Cabinet. These powers include summoning and dissolving Parliament, granting Royal Assent to laws, declaring war, and making high-level appointments.

What is the King's role in the military and religious institutions?

• The Commander-in-Chief of the armed forces.

• The Supreme Governor of the Church of England.

What is the King's role in the Commonwealth?

The King is the head of the Commonwealth, an organization of 53 countries, and the head of state for 15 of those countries.

What is the Privy Council?

The Privy Council is a formal advisory body to the monarch, consisting of former and current Cabinet Ministers. The King heads the Privy Council, which advises on matters of national importance.

How is the King funded?

• The Sovereign Grant: This is funded by taxpayers, representing 12% of the income from the Crown Estate, which is worth about £14 billion.

• The Privy Purse: This is the King's personal income derived from the Duchy of Lancaster estates, with an income of £27.4 million in 2023-24.