Constitutions in French and Common Law Practice Quiz (11 questions)

All questions and answers

1. How did the British constitutional order develop, in contrast to the constitutional changes in the United States and France?

Through a constituent assembly that replaced the monarchy with a new constitutional order
Through a single written constitution adopted after a constitutional break with the monarchy
Through the gradual replacement of royal institutions by ordinary parliamentary legislation
Through continuity of the monarchy rather than a constitutional breakup or constituent moment

Through continuity of the monarchy rather than a constitutional breakup or constituent moment

Explanation

The British constitutional order developed through continuity of the monarchy, rather than through a constitutional breakup or constituent moment. A constituent assembly creating a new order reflects the contrasting pattern, not the British one.

2. A minister follows a customary political rule that is not legally enforceable as legislation. What kind of rule is this?

A judicial precedent that creates a binding court rule
A constitutional convention that guides political conduct
A constitutional amendment that changes the written constitution
A statute that establishes a legally enforceable requirement

A constitutional convention that guides political conduct

Explanation

A constitutional convention is a customary rule guiding political conduct without itself being a legally enforceable statute. A statute, by contrast, is legislation with legal force.

3. What does constituent power mean in constitutional law?

The power to enact ordinary legislation
The power to amend an existing constitution
The power to create a constitution
The power to interpret constitutional provisions

The power to create a constitution

Explanation

Constituent power is the power to create a constitution. The power to amend an existing constitution is distinct and concerns changes made after the constitution has been established.

4. Under Article 89 of the French Constitution, what approval route may be used instead of a referendum for a proposed revision?

Members of Parliament submit the draft to Congress, where a majority of all members must approve it
The President submits the draft to Congress, where three-fifths of votes cast must approve it
The President submits the draft to the Senate, where three-fifths of its members must approve it
The Prime Minister submits the draft to Parliament, where two-thirds of both chambers must approve it

The President submits the draft to Congress, where three-fifths of votes cast must approve it

Explanation

Article 89 permits the President to submit the draft revision to Congress, where approval requires three-fifths of votes cast. The alternative is not a Senate-only vote or a two-thirds vote of both chambers.

5. What does it mean for a constitution to be codified?

Its constitutional rules are based on customs and case law.
Its constitutional rules focus on institutions and human rights.
Its constitutional rules are compiled in one unique document.
Its constitutional rules are adopted through exceptional procedures.

Its constitutional rules are compiled in one unique document.

Explanation

A codified constitution brings its constitutional rules together in a single document. A constitution based on customs and case law describes an unwritten form, not codification itself.

6. Which separate constitutional legislation is cited as a UK example of human rights protections outside a formal constitution?

The Environmental Charter 2004
The Bill of Rights 1689
The Human Rights Act 1998
The Constitutional Reform Act 2005

The Human Rights Act 1998

Explanation

The Human Rights Act 1998 is identified as separate constitutional legislation containing human rights protections in the UK. The Bill of Rights 1689 is an important constitutional statute, but it is not the specific example of separate human rights legislation given here.

7. What role does the constitutional hierarchy of norms serve in a system with a formal and rigid constitution?

It places international treaties above the constitution whenever domestic laws conflict with them.
It allows ordinary legislation to override constitutional rules when Parliament approves a change.
It requires lower-level norms to comply with higher-level norms, with the constitution at the summit.
It gives one constitutional court authority to create binding rules for all other institutions.

It requires lower-level norms to comply with higher-level norms, with the constitution at the summit.

Explanation

The hierarchy establishes the constitution as the highest legal norm and requires lower-level rules to conform to higher-level ones. Giving a court authority to review constitutionality is a feature of a review model, not the hierarchy’s defining function.

8. In what year did the U.S. Supreme Court’s decision in Marbury v. Madison provide an example of constitutional review?

1971
1804
1958
1787

1804

Explanation

Marbury v. Madison is cited as an example of constitutional review in the United States and dates to 1804. The year 1787 marks the adoption of the U.S. Constitution, not the court decision.

9. How does the United Kingdom’s Human Rights Act procedure differ from constitutional review that can invalidate legislation?

Courts may repeal incompatible legislation, but Parliament can restore it by resolution.
Courts may declare legislation incompatible with the ECHR, but the legislation remains valid.
A designated constitutional court may suspend legislation until voters approve its replacement.
Every judge may strike down incompatible legislation, subject to review by Parliament.

Courts may declare legislation incompatible with the ECHR, but the legislation remains valid.

Explanation

Under the Human Rights Act, courts may issue a declaration of incompatibility when compatible interpretation is impossible, but the statute does not thereby become void. Unlike review that invalidates legislation, resolving the conflict is left to Parliament and government.

10. Who described the British Constitution as “no more and no less than what happens” in “The Political Constitution”?

Thomas Erskine May
John Griffith
Walter Bagehot
A. V. Dicey

John Griffith

Explanation

John Griffith used this description in his 1979 work “The Political Constitution,” emphasizing the constitution’s character as political practice. A. V. Dicey is associated with influential writing on parliamentary sovereignty and the rule of law, not this quoted formulation.

11. What consequence follows from Article V’s requirement that proposed amendments receive broad state ratification, rather than being enacted through ordinary legislation?

Constitutional change can proceed once a majority of state legislatures approves the proposal.
Constitutional change depends on a referendum held after both Houses approve the proposal.
Constitutional change is decided by a convention whenever two-thirds of the states request one.
Constitutional change follows a distinct process requiring approval by three-fourths of the states.

Constitutional change follows a distinct process requiring approval by three-fourths of the states.

Explanation

Article V makes amendment ratification a separate constitutional step, requiring approval by three-fourths of the states through their legislatures or conventions. A convention may be called following applications from two-thirds of state legislatures, but that is a way to propose amendments, not the ratification threshold.

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Lock in the answers with 10 flashcards on Constitutions in French and Common Law.

What distinguishes the British constitutional order from the constitutional histories of the United States and France?

It developed through continuity of the monarchy rather than a constitutional breakup or constituent moment.

What does constituent power enable?

The creation of a constitution.

Which description of the British Constitution did John Griffith give in “The Political Constitution” (1979)?

“No more and no less than what happens.”

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