Introduction What is a constitution anyway? Before you can discuss the operation of the constitution, you need to know what we mean by the term and the answer to this is not as easy as it might first appear. The UK is different from almost every other country in the world in that we do not have a written constitution. Instead, our constitution is a web of mainly unwritten rules and this has serious implications for the way in which 'the system' works. Essay questions Essay questions on the unwritten constitution are an old favourite of examiners. Often, questions will ask you to compare and contrast our unwritten constitution with the more common written constitution (as found in countries such as the USA). Alternatively, an essay question may ask you to consider the extent to which the constitution provides protection for an individual's civil liberties in the UK. Both types of question are fairly straightforward if you appreciate the main differences between the unwritten and writ-ten systems, and it is possible to achieve high marks by making sure that you not only describe the constitution but also offer some analysis or criticism of how it operates.

Problem questions

Problem questions on the constitution are fairly uncommon, although the way in which the unwritten constitution influences the operation of the state can be mentioned in almost any public law question. More likely is a question which may be posed as a scenario but which is, in reality, more of an essay question and simply requires you to address the same material as you would in an essay question (see example).

ASSESSmEnT AdvIcE

Sample question

Could you answer this question? Below is a typical essay question that could arise on this topic. Guidelines on answering the question are included at the end of this chapter, whilst a sample problem question and guidance on tackling it can be found on the companion website. 'The fact that the UK does not have a written constitution is of no practical significance to the individual.' Discuss. ESSAy qUESTIon M01_TAYLOR1742_03_SE_C01.indd 3 6/20/12 8:52 PM

1 THE CONSTITUTION OF THE UK

What is a constitution? A 'constitution' simply means a system of rules. Many organisations and clubs have constitutions which set out how people are appointed to run the club and the rules which affect the club's members. In the same way, the constitution of a country sets out how power is held by the state and how that power relates to the citizen. In this way, the constitution can be said to define both a horizontal relationship (between the various institutions of state) and a vertical relationship (between the state and the individual). KEy dEfInITIon: constitution The framework of rules which dictate the way in which power is divided between the various parts of the state and the relationship between the state and the individual. The Queen The state The executive (government) Parliament The judiciary

The individual

In most other countries, this system of rules is contained in a single document which is called 'the constitution' and this illustrates that there are two ways in which the term 'constitution' can be interpreted: first, as a system of rules; and, second, as a piece of paper which sets out that system of rules. This is an important distinction when comparing the unwritten constitution of the UK with other countries (such as the USA) which have a written constitution. ExAm TIP When answering questions, make the distinction between the constitution as an 'ab-stract' term (i.e. a set of rules) and the 'concrete' constitution (an actual document which contains those rules).

Types of constitution Before considering the differences between the unwritten constitution of the UK and the written constitutions of most other countries, it is also possible to identify other ways in which constitutions can be classified:

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