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ELS Chap 3- Statuatory Interpretation
UK Constitution: Fundamentals & Sources
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What are the key features of a written constitution?
Outlines
fundamental principles
,
structures
, and
procedures
of
government
Codified
into a single document for easy reference
Defines the powers and limitations of the government
What is the definition of a constitution?
A set of
rules
for governance
What is the key reason why the constitution is considered supreme?
All
organs
of
government
derive their power from the constitution
How does the UK constitution differ from the US constitution in terms of amendment?
The UK constitution is
flexible
, while the US is rigid
What are the key components of the UK constitution?
Defines powers of
Parliament
Outlines the role of the
Prime Minister
Specifies rights of citizens
It is
unwritten
What is the primary source of the UK Constitution?
Derived from
several sources
How does the structure of government differ between federal and unitary systems?
Federal systems have
divided
powers between central and state/
provincial
governments, while unitary systems have a single
centralized
government
What type of constitution does the USA have regarding amendments?
Rigid
What do Acts of Parliament establish in the UK Constitution?
Legal rules
and rights
What does a constitution establish for a country or organization?
How it
operates
and assigns
powers
Is the UK Constitution considered written or unwritten?
Unwritten
Which country has a unitary constitution?
UK
Who has the power to change the rules in the UK?
Parliament
How are constitutions primarily classified?
By their
form
and structure
Compare the UK and US constitutions based on form, amendment, power, and head.
UK: Unwritten,
Flexible
,
Unitary
,
Monarchical
USA:
Written
,
Rigid
, Federal,
Republican
How does the UK constitution differ from written constitutions?
It is
unwritten
, unlike many others
What does a constitution outline for individuals?
Rights
and freedoms individuals have
What is the significance of the unwritten nature of the UK Constitution?
Flexibility in governance
Adaptability to changing circumstances
Reliance on
conventions
and practices
What are the three core principles of the UK constitution?
Rule of Law
,
Parliamentary Sovereignty
,
Separation of Powers
What is meant by Parliamentary Sovereignty?
Parliament
is
supreme
and can
make
or
repeal
laws
What are the components of the UK's rule book compared to building blocks?
Parliament's
Rules: Big blocks
Judge's
Rules:
Special
blocks
Queen/King's Powers: Unique blocks
"We Always Do": Special
arrangement
of blocks
What are the main sources of the UK Constitution?
Acts of Parliament
:
Statutes
establishing legal rules
Case Law
: Judicial
decisions
interpreting the constitution
Royal Prerogative
: Powers inherent to the Crown
Constitutional Conventions
: Unwritten rules governing behavior
What are constitutional conventions?
Unwritten
rules governing government behavior
What is the distinction between republican and monarchical heads of state?
Republican heads are elected, monarchical are
hereditary
What is the relationship between the Queen's prerogative powers and conventions?
The Queen uses
prerogative
powers based on
conventions.
What is the royal prerogative and how has it evolved over time?
The royal prerogative refers to the powers traditionally held by the
monarch
as head of the kingdom
These powers are now largely exercised by
ministers
on the advice of the
government
The monarch uses the prerogative to appoint/dismiss the
prime minister
,
prorogue
parliament, and give
royal assent
to bills
Ministers exercise prerogative powers over
foreign affairs
, treaties, war, and
public appointments
What is one important rule in the UK's rule book?
Everyone
must follow the rules
What are the key components of the royal prerogative and constitutional conventions in the UK?
Royal prerogative: formal powers (e.g., appointing
Prime Ministers
)
Constitutional conventions: unwritten rules (e.g., Monarch approving bills)
Interaction: Queen acts on
Ministers' advice
How is a written rule book described?
All rules in
one
book
What are the three different roles in the UK's rule system?
Make rules,
carry them out
, ensure
compliance
What does the Rule of Law principle state?
Everyone is
subject
to and accountable under law
Which country has a federal constitution?
USA
How does the Separation of Powers function in the UK constitution?
The executive, legislative, and judicial
branches
operate separately
What is the royal prerogative in the context of the UK Constitution?
Powers
inherent
to the Crown
Why is a written constitution usually codified?
So that it can be referenced easily as a single
document
What does the term "Royal Prerogative" refer to?
Powers unique to the
King
or Queen
How does the UK constitution allow for evolution?
Through
statutes
Judicial decisions
Conventions
Provides order and adaptability
How does the judiciary enjoy wider power through a written constitution?
Through
judicial review
and interpretation of
constitutional provisions
What are some of the prerogative powers exercised by ministers?
Prerogative powers exercised by ministers include the conduct of
foreign affairs
, negotiating
treaties
, going to
war
and making
public appointments
.
What type of head of state does France have?
Republican
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