Summary Analysing UK politics

What are Statute Laws?

Answer: Statute laws use parliamentary sovereignty to overpower every other existing law. An example of a statute law is the Human Rights Act of 1998 which grants citizens in the UK individual rights, as well as the Franchise Act of 1928, which allowed anybody over the age of 21 the right to vote. Statute laws are arguably superior to other laws as they have the power to override other laws. Furthermore, statute laws are fundamental to both society as well as national interest.

What are Common Laws?

Answer: Commons laws are based upon tradition and precedent, often being referred to as being \'judge made\' laws. When deciding the legality of a case, a judge will analyse previous similar cases and decisions made regarding their outcome. The most notable example of common law is the prerogative powers which the Prime Minister exercise on behalf of the Queen. Common laws are significant as they ultimately allow cases to be met with the same dedication and prevent mistreatment between similar cases from occurring.

What are Authorised Works?

Answer: These are laws which are influenced by the work of scholars who are traditionally seen as being \'experts\' of the UK constitution. Examples of such scholars include Walter Bagehot and his 187 \'the English constitution\' as well as A.V. Dicey and his 1885 piece. \'the law of the constitution.\' Although being influenced by tradition, these laws can be interpreted as being outdated as the considered experts are speaking of the Victorian constitution rather than our modern one.

Non-Codified Constitution

Answer: the UK constitution can be dated back to the establishment of the Magna Carta in 1215. Due to its age, our constitution is not contained within a single document therefore making it uncodified. By the constitution being uncodified, this enables flexibility as changes can be easily made and laws amended, which is significant as it enables the constitution to remain both relevant and reflective of our society. Following the Dunbane Massacre in 1997, the UK was able to swiftly introduce limitations of gun ownership to prevent the occurrence of a massacre from occuring again. This is significant when considering the US, who as a result of their codified constitution, cannot ammend the 12th amendment which makes the ownership of guns a human right.

Rule of Law

Answer: Rule of Law ensures that every resident of the UK is accountable to the same laws despite their social position or power as an individual. This ultimately allows the maintenance of societal order where everybody is judicially equal to one another, therefore preventing the corruption or exploitation of one\'s position. In 2022, UK Prime Minister received a fine following his violation of the Coronavirus Act of 2020 as a result of his involvement in the party gate scandal where he broke lockdown restrictions and social distancing. Suggestively, Rule of Law is not always effective, as Johnson only received a fine following the publics awareness of the situation.

Unentrenched

Answer: There is no formal change process which allows the constitution to remain relevant as well as be reformed to relate to a contemporary society. However, suggestively this is negative as the law can be easily changed or abused which can create instability or confusion.

Unitary

Answer: Despite devolution, the Scottish Parliament and Irish Assembly are still accountable to the Central government of Westminster who granted them their powers and is therefore their superior. An example of a unitary law enforced by Westminster is the Gambling Act of 2005 which placed limitations on the accessibility to gambling as well as the protection of children and the vulnerable from being exploited. The law is applied to England, Scotland, Wales and Northern Ireland.

Parliamentary Sovereignty

Answer: Parliament has the legal authority to adjust or modify the law. An example of this was in 2005, when Parliament amended article 5 of the Human Rights Act so the Counter Terrorism Act could be introduced allowing impositions of \"controlled order\" on suspected terrorists who may be considering as being a threat to the public and their liberty.

The Supreme Court

Answer: Under the Human Rights Act of 1998, all government bills must be included with a statement from the minister stating whether the bill is compatible with the Human Rights Act or is not however they still will to proceed. The Supreme Court can disagree stating that a bill is not compatible which as a result, allows the introduction of bills to be considered more carefully and with greater caution to prevent embarrassment. However, in 2005, the Supreme Court ruled a blanket ban on the bill which stated that prisoners should not have the right to vote. Although the Supreme Court argued that this violated their rights to freedom of expression, Parliament still nevertheless passed the bill making it law. In 2015, the UK Supreme Court only narrowly (3 to 2) upheld the controversial cap on the total amount of benefits an out-of-work family could receive including housing benefits and benefits for children to £500 a week. Opponents argued that this breached the Human Rights Act as well as the UN Convention on the Rights of a Child. In 2018, two victims of the \'black cab rapist\' (John Worboys), won a case against the Metropolitan Police due to their inability to take the allegation of their rapes seriously. The Supreme Court stated that the police had acted unconstitutionally breaching section 3 of the Human Rights Act by treating the victim\'s inhumanely. In 2017, Charlie Gard\'s parents attempted to take him abroad to receive specialised treatment for their son\'s illness. Great Ormond Street Hospital prevented this from occurring stating it would be against Gard\'s \'best interest.\' The Supreme Court argued that this breached section 2 of the Human Rights Act as they were taking away his \'right to health\' and potentially \'right to life.\' Ultra Vires - Ultra vires means that everybody including the government is subject to the laws of the land. If the government or any other public bodies are found by the Supreme Court as having exceeded their powers, their actions are declared \'ultra vires\' or illegal and must be reversed - occurring following judicial review. Judicial review - A court proceeding where judges analyse the legality of a decision of action made by the government or another public body. The action is not criticised based on outcome, instead by the way the decision was made.

PMQs

Answer: Peers and MPs have the ability to ask government ministers questions both written or orally. The most notable example of this occuring is PMQs which take place every Wednesday at noon for an hour and a half and are televised both on the television as well as on social media. PMQs allow transparency as citizens have the ability to be aware of political decisions being made. Former prime minister, Tony Blair, once stated that PMQs are \"bowel moving\" and \"nail biting.\"