Chapter 1 Answers to the self-test questions

Questions

  1. What is a constitution? What is the purpose of a constitution?
  2. Summarise the narrower and wider meanings of ‘constitution’.
  3. What is meant by ‘entrenched’?
  4. What is ‘a constitutional moment’?
  5. What is a ‘constituent power’ and why is it important?
  6. What is a ‘constituent assembly’?
  7. In the context of the UK constitution, explain what each of the following terms means:
    • (a) the Crown
    • (b) the legislature
    • (c) the executive
    • (d) the judiciary.
  8. What is the difference between Parliament and the government?

Answers

  1. A constitution is a framework of laws, rules and practices which establish and regulate governmental institutions, and the relationship between them, and the relationship between individuals and governmental institutions. Its purpose is to allocate power, rights, and responsibility, regulate the exercise of power, and impose order and stability.
  2. The narrower meaning refers to a codified, formally adopted document gathering together a state’s most important constitutional rules. The wider meaning refers to the entire set of laws, rules, and practices that regulate a state’s governing institutions. This can refer to an uncodified constitution like the UK’s or the surrounding rules which are not included in a codified constitution.
  3. ‘Entrenched’ means protected from being easily changed or removed.
  4. ‘A constitutional moment’ describes a shock event or a sudden break and the need for a fresh start, or a sense that ‘the time is right’ for a new constitution.
  5. A ‘constituent power’ refers to the fundamental source of authority for a constitution e.g. the people. It is important because it provides a recognised legal basis to give a constitution its authority and legitimacy.
  6. A ‘constituent assembly’ refers to the body which discusses, negotiates and drafts a new constitution.
  7. (a) The Crown refers to the monarch, or more technically, the functions of government and state administration
    • (b) The legislature is the law-making body in a state
    • (c) The executive refers to the bodies concerned with creating and implementing policy and implementing law e.g. government departments
    • (d) The judiciary refers to the judges, whose function is to apply and interpret the law and decide legal disputes
  8. Parliament is the UK’s supreme law-making body, and the government (the political party that wins a general election) carries out the day-to-day administration of the state (the executive function).
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