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The Nature and Sources of the British Constitution

Codified and Uncodified Constitutions

  • 4 things to know
  • Paper 1

Overview

Recall questions on what makes a constitution codified or entrenched, why the British one is neither, and its five main sources.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Explain what is meant by calling the UK constitution unentrenched.

Key term

What is a constitutional convention?

Key term

Define the royal prerogative.

Process

Identify the sources of the British constitution, including its major statutes and common law.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does it mean to describe a constitution as codified?

    Model answer

    Its rules are gathered into a single authoritative written document that stands above ordinary law.

  2. 2

    Why is the British constitution described as uncodified?

    Model answer

    Its rules are scattered across several different sources rather than being collected in one authoritative document.

  3. 3

    Explain what is meant by calling the UK constitution unentrenched.

    Model answer

    Any part of it can be altered by an ordinary Act of Parliament, with no special majority or additional procedure required.

  4. 4

    Name the five main sources of the British constitution.

    Model answer

    Statute law, common law, conventions, authoritative works and the royal prerogative.

  5. 5

    What is statute law, and why does it outrank the other sources?

    Model answer

    It is law made by Act of Parliament, and it is supreme because parliamentary sovereignty obliges the courts to apply it over any competing source.

  6. 6

    Give two statutes of major constitutional importance.

    Model answer

    The Human Rights Act 1998 and the Scotland Act 1998.

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The Nature and Sources of the British Constitution
The Structure and Role of Parliament
The Prime Minister and Cabinet
The UK Judiciary

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The Code.
MinisterialCabinetParliamentary

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AA US court can strike down a hostile law using the constitution.
BA UK court cannot.
CChange must come from persuading legislators.

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Assemble a full-mark answer from its marking points, in the order an examiner wants them.

Veto means formal rejection of legislation.
TrueFalse

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