End of Topic Test: The Constitution (Answer Sheet)

Pass mark = 18/25

1. Define a Constitution. (1 mark)
   A constitution is a set of rules that:
   – Seek to establish the duties, powers and functions of the various institutions of government
   – Regulate the relationship between and among the institutions
   – Define the relationship between the state and the individual; i.e. define the extent of civil liberty
2. Why are constitutions so important? (1 mark)
   “We cannot trust the government or, for that matter, anyone who has power over us.”
   A constitution is the solution to the problem of power. (Power tends to corrupt, so we need to be protected from those in power).
   Without a constitution the government could simply do whatever it wants – oppressing minorities, violating freedom, tyrannising the mass of the people.
3. List the 5 features of the UK constitution. (1 mark)
   Parliamentary sovereignty
   Uncodified
   Unitary
   Fusion of powers
   Flexible
4. Distinguish between a codified and uncodified constitution. (3 marks)
   Uncodified – This type of constitution is not confined to one single document, much of it may be written down, but in a variety of documents.
   Codified – This type of constitution is found in one single document, which outlines the structure of the constitution and the organisation of the state.
5. Distinguish between popular sovereignty and parliamentary sovereignty. (3 marks)
   Popular sovereignty – The idea that sovereign power is vested in the people and that those chosen to govern, as trustees of such power, must exercise it in conformity with the general will of the people (public opinion).
   Parliamentary sovereignty – Parliamentary sovereignty makes Parliament the supreme legal authority which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
6. “The concepts of representative democracy and parliamentary sovereignty are integral to the UK political system” – Give 2 examples of these concepts. (2 marks)
   Elections to the House of Commons, at least every 5 years
   House of Lords unelected (may change!)
   PM = indirectly elected
   PM = leader of party with most representatives in the HofC
   Parliament is the supreme law-making body
7. List the 6 sources of the UK constitution. (1 mark)
   Statute law
   Common law
   Royal Prerogative
   Major works of authority and constitutional documents
   EU Law
   Conventions
8. Explain 2 constraints on parliamentary sovereignty. (2 marks)
   Parliamentary vs Legal sovereignty
   Legal power but not supreme power
   Referendums
   Extra-Parliamentary Power
   External matters
   Membership of the European Union
9. Define the rule of law. (1 mark)
   The Rule of Law has traditionally been seen as an alternative to a codified constitution, showing that, even in the absence of higher law, government is till subject to legal checks and constraints. Government, in short, is not ‘above’ the law.
10. Define a constitutional monarchy. (1 mark)
    Monarchy remains constitutionally significant body in the UK. Monarchy is a ‘dignified’ institution and still plays vital role even if no meaningful political power. Role is to promote popular allegiance, serve as a symbol of political unity above party politics. Monarch has the right to be informed, consulted, to warn and encourage.
11. What is constitutional reform? (1 mark)
    the act of modernising the way a country is run
12. There are 5 ways in which the constitution can be reformed, name 2. (2 marks)
    Cabinet and Parliamentary Committees
    Referendums
    Investigatory Commission
    Act of Parliament
    European Law
13. There are 9 areas of constitutional reform. Identify one, and give an example of reform in this area. (1 marks)

• Devolution to Northern Ireland Assembly
• Devolution to Welsh Assembly
• Devolution to Scottish Parliament
• Electoral Reform
• Judiciary
• London and Local Government
• Parliamentary Reform
• Freedom of Information
• Human Rights

14. Identify a constitutional reform under Blair. (1 mark)

• Human Rights Act (1998)
• Northern Ireland Assembly (1998)
• Scottish Parliament & Welsh Assembly (1999)
• Greater London Assembly & Mayor (2000)
• Referendums held to confirm new devolved bodies
• PR electoral system used for each assembly
• Removal of all but 92 hereditary peers in HofL (2000)

15. Identify a constitutional reform under Brown. (1 mark)
    Limiting the use of the royal prerogative; now has to be used through consultation with, and approval of Parliament
16. Identify 3 ways in which the Coalition has or will reform the Constitution. (3 marks)

• Changing constituency boundaries and reducing the number of MPs
• Referendum on the Alternative Vote
• Fixed-term parliaments and the ’55 per cent rule’
• House of Lords reform
• Powers of recall
• Reform Expenses and Pensions
• Reforming Party funding
• Statutory register of lobbyists
• Repealing ‘Unnecessary’ laws
• Compulsory individual Voter registration
• Strengthen Scottish and Welsh devolution