Chapter 3 Self-test questions

Tom Paine argued that a 'government without a constitution, is a _____ without a right.'

Professor Feldman identifies a number of key roles that constitutions perform. Please select all those that he identifies.

To establish the institutions of the state and allocates functions and powers to them.

To limit the powers of the state, holding them accountable for their exercise of their power.

To provide legitimacy to state institutions and their actions.

To provide a flexibility and yet constraints so that the constitution may adapt over time to meet changing circumstances.

Tomkins identifies two attributes of constitutions, set out in Bolingbroke's definitions, which are often left out of explanations about constitutions. Please select all those that he identifies.

They contain (some of) the values or principles of the state.

They set out all the values or principles of the state.

They have goals.

They all have criminal sanctions contained within them.

England has never had a written constitution.

True

False

Please match the definition of each type of constitution to the appropriate explanation.

The personnel that form the executive (government) are drawn from the personnel who are appointed or elected to the legislature.

The personnel that form the executive (government) are appointed or nominated by the head of the executive, the President.

The state has one source of legal power, held centrally.

The state has more than one source of power, held independently by the local/regional/state governments and central governments.

What is the correct hierarchical order in which the domestic sources of the British constitution should appear (highest to lowest)?

Royal prerogative, Acts of Parliament, secondary legislation, the common law, constitutional conventions, authoritative opinions.

Acts of Parliament, secondary legislation, constitutional conventions, common law and the royal prerogative, authoritative opinions.

Acts of Parliament, secondary legislation, common law and the royal prerogative, constitutional conventions, authoritative opinions.

Acts of Parliament, the common law and royal prerogative, secondary legislation, constitutional conventions, authoritative sources.

Which statement most accurately describes the UK constitutional position in relation to the status of Acts of Parliament?

In the UK there is no constitutional of higher status than Acts of Parliament and consequently UK Acts cannot be compared against the constitution and declared invalid on constitution grounds.

Primary and secondary legislation may both be declared invalid if they offend against the constitution.

Acts of Parliament are subject to the Royal prerogative, and if they offend against it then they may be declared unconstitutional.

Later Acts of Parliament will not be applied by the courts, if they offend against earlier Acts of Parliament. Ancient Acts have higher status in the constitution.

Please match the three proposals for reform of the UK constitution in the 1990s with their respective key provisions.

Introduction or proportional representation; replacement of the House of Lords with an elected Senate; power to establish Parliaments in Scotland, Wales and Northern Ireland and assemblies in the English regions; the incorporation of the European Convention on Human Rights as a Bill or rights; the creation of a Supreme Court.

The UK would become a Commonwealth; the Monarchy would be replaced by a President elected by 2/3 majority of the Commonwealth Parliament; Royal prerogative powers would be transferred to the President; certain rights would be entrenched but only enforceable by a Human Rights Commissioner and judicial review; the House of Lords would be replaced by the elected House of the People, the PM was to be elected by the Commons; national Parliaments for England, Scotland and Wales and the jurisdiction of Britain in Northern Ireland would cease.

Retention of the Monarchy, but with reduced power; Bill of Rights combing the European Convention on Human Rights and the ICCPR; Parliament for the UK but assemblies for Scotland, Wales and Northern Ireland and the English regions; PM to be elected by the Commons; ministerial responsibility to become a constitutional duty; the electoral system to be changed to allow for Additional Members system in the Commons and a Single Transferable Vote in the Upper Chamber; Minster of Justice and a Supreme Court; constitutional provisions may be entrenched if the House of Parliament agree with a majority of at least 2/3 voting, made up of at least ½ of the members..

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