UK Constitution

• Why do we need laws?

  To maintain order and protect rights
• Which three bodies make law?

  Government, Parliament, Judges
• Is R v Thomas 2019 civil or criminal?

  Criminal
• Is Bletchley v Thomas 1992 civil or criminal?

  Civil
• Is DPP v Smith 1972 civil or criminal?

  Criminal
• What is the difference between Government and Parliament?

  Government proposes laws; Parliament creates laws
• What is the UK Constitution?

  • Unwritten constitution
  • Fundamental laws outlining state functions
  • Selection of rules, conventions, and laws
• What are the 3 sources of UK law?

  Statute law, Common law, EU law
• Who is Parliament?

  The legislative body of the UK

  
• What is the pre-legislative process?

  It involves drafting and consulting on Bills
• What are the types of Bills in the pre-legislative process?

  Public, Private, Hybrid Bills
• What are the legislative stages?

  First reading, Second reading, Committee stage
• What are the effects of the Parliament Acts 1911 & 1949?

  They limit the House of Lords' power
• What are the advantages and disadvantages of primary legislation?

  Advantages:

  • Provides clear legal authority
  • Reflects democratic process

  
  

  Disadvantages:

  • Can be inflexible
  • May not address all issues
• What is the nature of the UK’s unwritten constitution?

  It consists of rules and conventions
• What does AV Dicey state about 'no sanction without breach'?

  No one should be punished without breaking the law
• What case illustrates 'no sanction without breach'?

  A & Others v UK 2004
• What does AV Dicey say about 'one law should govern everyone'?

  Everyone is equal before the law
• What cases illustrate 'one law governs all'?

  Prorogation of Parliament 2019, Partygate 2021
• How are individual rights protected according to AV Dicey?

  By judges' decisions enforcing the law
• What act protects individual rights in the UK?

  Human Rights Act 1998
• What are Montesquieu's three functions of the state?

  1. Government - Propose laws
  2. Parliament - Create laws
  3. Judges - Enforce laws

  
• What does 'fusion' mean in the context of the UK constitution?

  Overlap of powers among state functions
• What is an example of fusion in law-making?

  Statutory Instruments for road closures
• What is the concept of Parliamentary Sovereignty?

  1. Parliament can make or unmake any law
  2. No Parliament can bind another
  3. Acts cannot be challenged by courts
• What does AV Dicey say about Parliament's ability to make laws?

  Parliament can make or unmake any law
• What does AV Dicey say about binding Parliaments?

  No Parliament can bind another
• What is the implication of Acts of Parliament not being challenged by courts?

  Judicial Review allows for some scrutiny
• What is the first theory underpinning the UK constitution?

  Rule of Law
• Who created the Separation of Powers theory?

  Montesquieu
• What evidence supports 'one law governs all'?

  Equal treatment under the law
• What does 'fusion' imply in governance?

  Overlap of governmental powers
• Who was locked up without charge in violation of 'no sanction without breach'?

  A & Others in Belmarsh Prison
• Provide one example of fusion in law-making.

  Statutory Instruments for road closures
• What are the elements of the Rule of Law?

  1. No sanction without breach
  2. Equality before the law
  3. Individual rights protected by judges
• Explain the process of making an Act of Parliament.

  It involves multiple readings and approvals
• Explain the Rule of Law doctrine.

  Law applies equally to all individuals
• Explain the Separation of Powers doctrine.

  Separation of government functions into branches
• Explain the Parliamentary Sovereignty doctrine.

  Parliament can create or repeal any law