Notes created using ULaw materials for the purpose of assisting existing ULaw GDL students in ULaw GDL exams only. They are
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
Don’t include irrelevant points eg history of UK constitution
Don’t need to explain authorities in full
Be consistent in discussion eg 2/3 relationships in Sep of Powers → include all the points
Make sure to have a full conclusion
Make sure to fully develop points → provide examples to explain your assertions
Explain both sides of the debate
Problem q
Read the facts carefully
Highlight key words/phrases
Look for clues
Plan your answer
Follow a structure
Use supporting authority → only state principal, not the facts/details of the case
Use the facts!
Essay q
Introduction
• Short
• Define terms
• Outline arguments
Body of Essay
• Main part
• Key points
• Logical Structure
Conclusion
• Short
• Relate to quotation/question
• Express a view
General
• PLAN!!!
• Use headings and subheadings
• Authority
Common mistakes:
Forgetting to discuss the basics e.g. define Parl supremacy
Setting out historical development at length
Not giving examples of the scope of PS
Not explaining technical terms eg express/implied repeal
, NATURE AND SOURCES OF UK CONSTITUTION
CONSTITUTION
A set of rules and principles which:
• Defines a state’s fundamental political principles
• Establishes the Gov framework
• Guarantees certain rights and freedoms to the citizens.
UK constitution = jigsaw of sources
• Unwritten ie no single authoritative source setting out the rules which establish and regulate Gov
• Monarchical
• Unitary
• Flexible
• Informal separation of powers
Why is UK constitution unwritten?
• Codified constitutions are enacted to mark a new beginning → UK has had no notable moment
• Supremacy of Parl would be incompatible with a codified constitution
UK constitution comes from 4 sources
Statutes Magna Carta 1215 Limited powers of monarch
Guaranteed rights of individuals
Bill of Rights 1689 Restructured the rel between Parl and Crown
Acts of Union 1706-7 United England and Scotland under a single Parl
Parl Acts 1911/49 Made it poss in certain circumstances for leg to be enacted
without HoL approval
ECA 1971 Incorporated EU law into UK law
HRA 1998 Incorporated the ECHR into UK law
Scotland Act 1998 Devolved system of Gov in UK
Case law Doctrine of precedent
Constitutional Non-legal source
conventions Rules of const. behaviour in the UK that are not legal enforced but are considered binding”
Marshall and Moodie
Rules/practices which are accepted as binding, are not set out in statute and which are
acknowledge but enforced by courts: Jonathon Cape
Courts will not directly enforce constitutions: Madzimbamuto
Developed to:
• Limit wide legal powers of monarch
• Enable constitution and Gov to operate flexibly
intended to be used as a supplemental tool to aid revision in conjunction with ULaw materials, not as a replacement for them.
GENERAL ADVICE
Don’t include irrelevant points eg history of UK constitution
Don’t need to explain authorities in full
Be consistent in discussion eg 2/3 relationships in Sep of Powers → include all the points
Make sure to have a full conclusion
Make sure to fully develop points → provide examples to explain your assertions
Explain both sides of the debate
Problem q
Read the facts carefully
Highlight key words/phrases
Look for clues
Plan your answer
Follow a structure
Use supporting authority → only state principal, not the facts/details of the case
Use the facts!
Essay q
Introduction
• Short
• Define terms
• Outline arguments
Body of Essay
• Main part
• Key points
• Logical Structure
Conclusion
• Short
• Relate to quotation/question
• Express a view
General
• PLAN!!!
• Use headings and subheadings
• Authority
Common mistakes:
Forgetting to discuss the basics e.g. define Parl supremacy
Setting out historical development at length
Not giving examples of the scope of PS
Not explaining technical terms eg express/implied repeal
, NATURE AND SOURCES OF UK CONSTITUTION
CONSTITUTION
A set of rules and principles which:
• Defines a state’s fundamental political principles
• Establishes the Gov framework
• Guarantees certain rights and freedoms to the citizens.
UK constitution = jigsaw of sources
• Unwritten ie no single authoritative source setting out the rules which establish and regulate Gov
• Monarchical
• Unitary
• Flexible
• Informal separation of powers
Why is UK constitution unwritten?
• Codified constitutions are enacted to mark a new beginning → UK has had no notable moment
• Supremacy of Parl would be incompatible with a codified constitution
UK constitution comes from 4 sources
Statutes Magna Carta 1215 Limited powers of monarch
Guaranteed rights of individuals
Bill of Rights 1689 Restructured the rel between Parl and Crown
Acts of Union 1706-7 United England and Scotland under a single Parl
Parl Acts 1911/49 Made it poss in certain circumstances for leg to be enacted
without HoL approval
ECA 1971 Incorporated EU law into UK law
HRA 1998 Incorporated the ECHR into UK law
Scotland Act 1998 Devolved system of Gov in UK
Case law Doctrine of precedent
Constitutional Non-legal source
conventions Rules of const. behaviour in the UK that are not legal enforced but are considered binding”
Marshall and Moodie
Rules/practices which are accepted as binding, are not set out in statute and which are
acknowledge but enforced by courts: Jonathon Cape
Courts will not directly enforce constitutions: Madzimbamuto
Developed to:
• Limit wide legal powers of monarch
• Enable constitution and Gov to operate flexibly
