constitution

• What is a constitution?

  A set of rules and principles
• What does a constitution establish in a country?

  Political system and organization of institutions
• What does the UK lack regarding its constitution?

  No written constitution
• Which country has the longest constitution?

  India
• How many words does India's constitution have?

  146,385 words
• Which country has the shortest constitution?

  Monaco
• How many times has China's constitution been reviewed?

  Three times
• Name three countries with notable constitutions.

  USA, Germany, Italy
• What is parliamentary sovereignty?

  Parliament's supreme legislative authority
• Who is associated with the principle of parliamentary sovereignty?

  AV Dicey
• What are the three points of parliamentary sovereignty?

  1. Parliament can legislate on any subject.
  2. No parliament can bind future parliaments.
  3. No Act of Parliament can be challenged by courts.
• What does the first point of parliamentary sovereignty imply?

  Parliament can make or unmake any law
• Give an example of a law that Parliament can change.

  Constitutional Reform Act 2005
• What does the second point of parliamentary sovereignty state?

  Each new parliament can change laws
• Name an important act that cannot be repealed.

  Act of Settlement 1700
• What is the significance of the Act of Settlement 1700?

  Limits the crown's powers and secures rights
• What does the Statute of Westminster 1931 achieve?

  Equality of Britain and its dominions
• What does the third point of parliamentary sovereignty state?

  Acts cannot be struck out by courts
• What is judicial review?

  • Legal case reviewing public authority decisions
  • Ensures lawfulness of actions
  • Protects individual rights
• What was the outcome of BRB vs Pickin?

  The Act remained valid despite fraud
• What is the rule of law?

  No sanction without breach of law
• What does "no one should be punished unless they have broken a law" imply?

  Laws must be public and clear
• What does it mean for laws to have no retrospective effect?

  No prosecution for past actions before law
• What does it mean for everyone to be equal before the law?

  All individuals are treated the same legally
• What is judicial precedent?

  Higher courts' decisions bind lower courts
• What is the significance of the case R v R (1991)?

  Overturned marital rape exception
• What problem does the high price of court cases create?

  Access to justice is unequal
• What is an injunction?

  A court order to do or stop something
• What did John Hemming MP do regarding parliamentary privilege?

  Named a footballer in a super-injunction case
• What was the outcome of the Belmarsh case 2004?

  Detainees' provisions were incompatible with ECHR
• What did Hirst v UK 2005 rule about prisoners' voting rights?

  Blanket ban violated ECHR Article 3
• Who proposed the theory of separation of powers?

  Montesquieu
• What are the three functions of the state in separation of powers?

  1. Judges apply and interpret the law.
  2. The executive enforces the law.
  3. The legislature makes the law.
• Why is the separation of powers important?

  Prevents unchecked power in government
• What problems can arise from the separation of powers?

  Overlap and lack of communication
• What does the Constitutional Reform Act 2005 (section 1) state?

  Does not negatively impact rule of law
• What does the Constitutional Reform Act 2005 (section 17) require of the Lord Chancellor?

  To respect the rule of law and judiciary
• How does the Constitutional Reform Act 2005 show the importance of the rule of law?

  • States it will not negatively impact rule of law
  • Removed Lord Chancellor's judicial functions
  • Introduced oath to respect rule of law
• How does the Constitutional Reform Act 2005 show the importance of separation of powers?

  • Separated judiciary from legislature
  • Separated judiciary from executive
  • Ensured independence of the judiciary