WITH CERTIFIED ANSWERS
Explain and analyse three features/ principles of the UK constitution.
P1: Uncodified,
Variety of sources (statute law: HRA 1998, authoritative works "Erskine may")
Difficult to fully understand, diminishes rights
adaptive/flexible
P2: Unitary,
Central authority, pment
No parliament can bind successor, eg Brexit article 50 to undermine European communities act 1976
Delegated powers alters this slightly, devolution
P3: Rule of law
Equally subject to the law
One of A.V. Dicey's 'twin pillars', magna carta 1215
'Ultra vires' e.g. 2016 restriction of legal aid to people born outside of the UK.
Explain and analyse three ways the British constitution upholds citizens' rights.
Statute law:
Abortion act 1965
Same-sex marriage act 2013
All protected by parliamentary sovereignty
H/E no government can bind its successor eg article 50
Freedom of information act 200
Law which guarantees more transparency from government and companies, ensures things like user
data or activities of institutions are protected and not hidden
11,042 requests July-sept 2020
h/e only 40% fully granted for privacy/ national security reasons
Supreme court
HRA 1998
Ensures law fits in with ECHR
Can issue DOIs, however, does not have to be followed through with the government
Factorame 1988
, Three sources of the constitution
Statute law:
Representation of the people act 1969
HRA 1998
Pre Brexit also tied to European law
E.g. Lisbon treaty 2007 applied in UK
Conventions: Rules or norms; Salisbury convention (HoL); Collective/Individual responsibility - e.g. David
Blunkett ForSec; Rely on common agreement and are often disputed - breaking of conventions is classed
as unconstitutional behaviour; if broken may become statute e.g. Parliament Act.
Authoritative works: An introduction to the Study of Law of the Constitution by Dicey & Erskine May &
Cabinet Manual - written by constitutional experts. Cabinet manual comes under convention too, Priti
Patel e.g.
Explain and analyse three roles of backbench MPs.
P1: Rebelling; Maily elected HoL 2012 (91 Con); Abandoned 5G 2020 (38 Con). H/E is not always
successful e.g. letters re. Johnson's VoNC was withdrawn due to Ukraine.
P2: Select Committees; Public accounts committees chaired by Hillier in 2018 & Sarah Wollaston in 2014
(Health).
P3: Asking Qs; 5-week rota; 10% spent on topical Qs for ministers (can't be prepared for); Qs re. Energy
bills etc.
Explain and analyse three ways in which parliament can hold the government to account.
P1: Question time/ PMQ; Blair's "weak weak weak"; adversarial; Brown "Saved the world" not the
banks; direct.
H/E - theatrical; Kaufman "Useless declamations".
P2: Official Opposition; force votes/ amendments; alternative government in waiting; 20 days to raise
interests in the schedule.
H/E a weak opposition can fail to effectively scrutinise; Starmer's Lab has been widely criticised for being
hesitant to oppose.
P3: Select committees; questions/"paper persons records"/proportional to commons/critical reports.
H/E Chosen by whips; lack of expertise often; no obligation to attend (brown & chancellor).
OR
P1: Voting against; May's Brexit Bill.