UNIT 2⃣
Tuesday, 28 March 2023 09:37
Constitution
The rule of law -> the principle that everyone equal before the law, is entitled to a fair t
the law should be administered independently of the government and in a neutral way
matter their backgrounds eg Bojo being held to account for partygate
- A v Home Secretary 2004 -> found that the uk govt acted against the HRA by ho
terror suspects indefinitely without trial at Belmarsh prison
Parliamentary sovereignty -> parliament is the supreme legal authority in the UK
Unitary soveireingty -> power is granted from one central location in the UK, to other b
Devolution -> transfer of power from the centre to smaller devolved bodies
Prerogative powers
- Honorary appointments
- Proroguing and summoning parliament
- Royal assent to acts of parliament
- Appointing and dismissing a PM
Govts ignoring conventions
- House of Lords and tax credits vote -> HOL voted against pans to implement cha
to the tax credits system which would have resulted in £4.4bn in welfare cuts, bu
lords are not supposed to vote against money bills. -> however, the lords argued
this was not a bill, but a statuatory Instrument, so the convention did not apply in
instance.
Evaluate the view that the UK constitution is in need of further reform (30)
Rights
Reform
- The UK constituion allows rights to be easily undermined due to the uncodified na
of the constitution
- Threats to undermine trans rights in the Equality act by redefining “sex” -> wo
make it legal for trans people to be banned from single sex spaces and events
more likely to face discrimination
No reform
- The UK constituion upholds rights effectively through the HRA, Equality act
- Bull v Hall
- Judicial review and the Supreme Court which holds parliament to account
- Abu Qatada -> deportation to Jordan was blocked due to undermining right to
freedom from torture
Tuesday, 28 March 2023 09:37
Constitution
The rule of law -> the principle that everyone equal before the law, is entitled to a fair t
the law should be administered independently of the government and in a neutral way
matter their backgrounds eg Bojo being held to account for partygate
- A v Home Secretary 2004 -> found that the uk govt acted against the HRA by ho
terror suspects indefinitely without trial at Belmarsh prison
Parliamentary sovereignty -> parliament is the supreme legal authority in the UK
Unitary soveireingty -> power is granted from one central location in the UK, to other b
Devolution -> transfer of power from the centre to smaller devolved bodies
Prerogative powers
- Honorary appointments
- Proroguing and summoning parliament
- Royal assent to acts of parliament
- Appointing and dismissing a PM
Govts ignoring conventions
- House of Lords and tax credits vote -> HOL voted against pans to implement cha
to the tax credits system which would have resulted in £4.4bn in welfare cuts, bu
lords are not supposed to vote against money bills. -> however, the lords argued
this was not a bill, but a statuatory Instrument, so the convention did not apply in
instance.
Evaluate the view that the UK constitution is in need of further reform (30)
Rights
Reform
- The UK constituion allows rights to be easily undermined due to the uncodified na
of the constitution
- Threats to undermine trans rights in the Equality act by redefining “sex” -> wo
make it legal for trans people to be banned from single sex spaces and events
more likely to face discrimination
No reform
- The UK constituion upholds rights effectively through the HRA, Equality act
- Bull v Hall
- Judicial review and the Supreme Court which holds parliament to account
- Abu Qatada -> deportation to Jordan was blocked due to undermining right to
freedom from torture
