Explain and analyse 3 sources of the UK constitution - ANS 1) Statue law.
Explain: Laws created by parliament. AOP must be approved by HOC, HOL and monarchs.
Example: GRA 1932, extended the franchise. Fixed term parli act 2011, est. 5 yrly elect.
Analysis: Shows legislation enacted by parli is u...
Essay plans Paper 1 Politics
Explain and analyse 3 sources of the UK constitution - ANS 1) Statue law.
Explain: Laws created by parliament. AOP must be approved by HOC, HOL and monarchs.
Example: GRA 1932, extended the franchise. Fixed term parli act 2011, est. 5 yrly elect.
Analysis: Shows legislation enacted by parli is used as a source of the const. Although the FTPA was
repealed it demonstrates the unentrenched nature of the UK const emph PS as a key principle
underpinning uk const.
2) Common law
Explain: laws derived from general customs and traditions such as the royal prerogative. These r powers
given to the crown but exercised by ministers such as appointing/ dismissing ministers.
Example: Matt Hancock ex health sec replaced w Sajid Javid.
Analysis: This means that the RP has created a fusion of power in which the pm has the power of the
exec and a maj in the legislature, demonstrating a source of the const.
3) Conventions
Explain: Established norms of political behav rooted in past experience rather than laws. Its their usage
over time that gives them authority. May fall into disuse but new ones can be est.
Example: Individual ministerial responsibility is a convention in which cabinet minister bears the
ultimate responsibility for the actions of their ministry or department. Can be applied to party gate
scandal of Johnson as he deceived parli in2 covid restrictions but was fnd guilty of going against
restrictions.
Analysis: Demonstrates how weak conventions are as a source of the UK const as it can often fall into
disuse.
"The UK constitution should become codified" (yes) - ANS Point: It would protect rights more
effectively.
Explain: This is bc it provides entrenchment. Entrenched rights r explicitly protected in the const,
meaning they r enshrined w a stronger form of protection from ideals.
,Example: Hirst v UK: court ruled a blanket ban on prisoners voting by parli as it contravenes w HRA,
there4 protecting rights of prisoners.
Analysis: This means that if codified, entrenched rights would constitute a 'higher law' in which its
immune from change by political whims through legislation.
Point: Limits the power of the exec and the PM.
Explain: It would create a SOP in which the exec, legis & judic wld be divided n dependent on each other
so that one instit does not exceed the other, lmt govt. This is bc SOP is a fundamental constitutional
principle.
Example: Margaret Thatcher Poll tax 86': this was a fixed tax per adult resident 4 services prov in their
community. Anyone empl paid 100% those unemp paid 20%, created riots, protests & refusal to pay.
Tony Blair, Iraq war - Blair decided to invade iraq after allegations of nuclear, chemical, and biological
weapons.
Analysis: These e.g highlight the great deal of political pwr given to PM when there is no clear system of
SOP. There4 a codified const wld guard against tyranny and lmt the govt.
"The UK constitution should become codified" (No) - ANS Point: Current const has worked for centuries
Explain: The UK const was est in 1215 due to Magna carter which was an agreement betw King John n
his barons. It prod. the foundational const principle: ROL. Much of its impact came thru future
developments.
Example: 'Habeas Corpus': a person may not be detained w/o a legal reason.
Analysis: The magna carter predated the existence of the UK by 5 centuries, meaning that the const has
been upheld throughout a long period of time proving it to be fit.
Point: Flexibility
Explain :The UK Constitution is easy to amend. Due to the principle of parliamentary sovereignty, it can
be changed simply by passing an Act of Parliament. Other countries can be seen w rigid const, being
unable to update their political syst in line w changing att & political realities.
Example: Following the Dunblane massacre, in which 16 pupils were killed in a school shooting, Major
intro the firearms act 1997 banning handguns. There is a stark contrast w the US in which controls have
been hard to implement due to the 2nd amendment. Devolution programmes intro by New Lab govt
1997.
, Analysis: the constitution has been modified frequently over many years in response to changing
circumstances, allows for a pragmatic approach, where diff things can be tried, tested and developed, w
an optimal arrangement being honed over time.
Point: Unelected judges can become too powerful
Explain: The written const wld carry out a higher status and priority in law, meaning that the SC wld
review the constitutionality of AOP, giving judges the final say of what is and what isnt the law. It wld
also increase politically motivated litigations in court as it wld expand scope of JR against govt; it wld
allow political opps of the gov to challenge legis using the courts.
Example: The miller case: a court case against govt
Conclusion - ANS Individuals will be more likely to vote for an uncodified constitution if they believe the
government to be faithful and worthy of upholding their rights. Whereas for those who do not 'deserve'
rights, may vote for a set of entrenched rights so government does not take it back.
"Recent changes to the constitution have made it more codified in nature" (yes) - ANS Point: Human
Rights Act 1998
Explain: This act gave further effects to the rights and freedoms guaranteed under the ECHR, incorp
ECHR in2 UK law.
Analysis: This meant that the HRA was given fundamental status as courts can issue a DOI if found to be
incompatible w the ECHR under the HRA.
Point: House of lords act 1999
Explain: An Act to restrict membership of the House of Lords by virtue of a hereditary peerage. Removed
all but 92 hereditary peers.
Analysis: Less hereditary peers, more life peers which makes them more legitimate. Its more codified bc
it allows for the HOL to check the HOC, conforming to a system of SOP (key const princip) as it fosters a
syst of checks & balances.
Point: Referendums
Explain: This is a direct vote by the electorate on a political issue.
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