Evaluate the view that the UK is in need of major constitutional reform.........2
Evaluate the view that devolution has not gone far enough in the four
nations of the UK.............................................................................................5
Evaluate the view that New Labour’s constitutional reforms created more
problems than they solved..............................................................................8
Evaluate the view that the logical next step after devolution to Scotland,
Wales and Northern Ireland is the devolution of further power to England.. .11
Using the source, evaluate the view that Constitutional reforms in the UK
since 1997 have been weak, incomplete and require further change...........12
Evaluate the view that Parliament can justifiably claim to be sovereign in UK
politics...........................................................................................................13
Evaluate the view that General Elections are won or lost by the Government,
rather than the actions or policies of the opposition.....................................16
Evaluate the view that the UK government’s control over Parliament has
reduced in recent years.................................................................................19
Evaluate the view that although the House of Lords has less power than the
House of Commons, in practice it exerts more influence on government
decisions........................................................................................................22
Evaluate the view that backbenchers have little influence............................25
Evaluate the view that the House of Lords should be replaced with a fully
elected chamber............................................................................................27
Evaluate the view that parliamentary committees are in need of major
reforms..........................................................................................................30
Evaluate the view that parliament is largely ineffective in shaping
government legislation..................................................................................31
Evaluate the extent to which Parliament is effective in carrying out its
functions........................................................................................................32
Evaluate the view that opposition parties have a limited impact in both
Houses of Parliament.....................................................................................35
Using the source, evaluate the view that Parliament is largely effective at
challenging the work of the Government.......................................................37
Using the source, evaluate the view that the principal role of backbench MPs
is now to hold the government to account....................................................38
,Evaluate the view that since 2010 the UK has seen a return to cabinet
government...................................................................................................40
Evaluate the view that the concepts of individual ministerial responsibility
and collective ministerial responsibility are both still important...................43
Evaluate the view that the executive controls parliament.............................44
Evaluate how sovereignty has changed in Westminster since Brexit............46
Evaluate the view that the Supreme Court has strengthened Parliamentary
sovereignty....................................................................................................49
Evaluate the view that the Supreme Court has too much influence over the
Executive and Parliament..............................................................................52
Evaluate the view that the Supreme Court operates with sufficient judicial
independence and neutrality.........................................................................54
Evaluate the view that the UK is in need of major
constitutional reform
Entrenchment
While there is an argument that entrenchment will safeguard against possible
infringements of rights, the SC already performs this role
For example, the Miller case ruled on by the SC asserted that Johnson
unlawfully prorogued parliament in order to silence MPs from opposing a no
deal Brexit in 2019
In 2017, the Miller.v Secretary of State for Exiting the EU case ruled that the
government could not begin the process of leaving the EU through exercising
royal prerogrative, instead Parliament had to enact legislation to start this
process
Therefore, this shows that the SC plays a significant role in protecting the
rights of individuals without the need for an entrenched constitution
, Thus, some may argue that major constitutional change is not necessary as
the judiciary is already seen as successful in achieving its objectives
However
Rights can easily be removed in the absence of an entrenched constitution,
highlighting the need for constitutional reform
For example, the COVID act 2020 saw the majority of civil liberties stripped in
order to enforce a national lockdown. Civil liberties that it stripped included:
o Mass surveillance
o Detention of ‘potentially infectious individuals’
o Restrictions on protests
Elections Act (2022) imposed restrictions on voters’ freedom through
mechanisms such as voter ID
While this was free to acquire, it did limit certain demographics’ turnout in
following elections
The Electoral Commission's report on the May 2023 local elections found that
4% of people did not vote because of the new voter ID requirements.
Younger voters (18-24) and voters from mixed or Black ethnic backgrounds
were five times more likely to be turned away from polling stations for not
having the required ID.
These two examples show that due to the fact that a constitution is not
entrenched in the UK, the government is free to limit or take away civil
liberties at will
Codification
Some say that the UK does not require a codified constitution due to the fact
that the key concepts of the constitution are already written into law
For example, the Bill of Rights of 1689 laid the foundations for parliamentary
sovereignty and protects civil rights
More recently, the HRA (1998) has formally detailed the rights that UK
citizens have
The Equality Act of 2010 consolidated and strengthened existing anti-
discrimination laws in the UK.
E.g. 2013 Cornwall
However
, A lack of codification has meant that the current sources of UK law, including
conventions, lack enforceability
For example, conventions such as CMR are not written in law, just accepted
This means that CMR can be broken without enforceable consequences
E.g. Johnson’s criticisms of the May government’s EU policy
Salisbury convention whereby lords will not opposite laws present in winning
party's manifesto, based on tradition not law
This means that crucial mechanisms that allow the legislative process to
operate are not protected in law and so may be ignored by political actors
Modernisation
Although modernisation is thought to be needed to reflect the current
societal values of the UK, many argue that the flexibility offered by an
uncodified and unentrenched constitution enables quick adaptability to social
change
For example the COVID Act of 2020 shows how to flexibility of an
unentrenched constitution enabled government to act quickly, saving lives
In the 1960s, parliament could quickly legislate on issues like same sex
relationships, abortion and capital punishment
This shows that an unentrenched constitution allows parliament to quickly
change the constitution according to the current social milieu without a long
and arduous process
However
The current constitution is undemocratic and is in need of modernisation to
ensure it reflects society's current values
For example, the unelected House of Lords, which can delay and amend
legislation, is an undemocratic relic of the past that does not reflect the will
of the people
The UK's system of electing the Prime Minister and members of Parliament
through the first-past-the-post electoral system is undemocratic, as it can
lead to a party forming government without winning the popular vote
Evaluate the view that devolution has not gone far enough in the four
nations of the UK.............................................................................................5
Evaluate the view that New Labour’s constitutional reforms created more
problems than they solved..............................................................................8
Evaluate the view that the logical next step after devolution to Scotland,
Wales and Northern Ireland is the devolution of further power to England.. .11
Using the source, evaluate the view that Constitutional reforms in the UK
since 1997 have been weak, incomplete and require further change...........12
Evaluate the view that Parliament can justifiably claim to be sovereign in UK
politics...........................................................................................................13
Evaluate the view that General Elections are won or lost by the Government,
rather than the actions or policies of the opposition.....................................16
Evaluate the view that the UK government’s control over Parliament has
reduced in recent years.................................................................................19
Evaluate the view that although the House of Lords has less power than the
House of Commons, in practice it exerts more influence on government
decisions........................................................................................................22
Evaluate the view that backbenchers have little influence............................25
Evaluate the view that the House of Lords should be replaced with a fully
elected chamber............................................................................................27
Evaluate the view that parliamentary committees are in need of major
reforms..........................................................................................................30
Evaluate the view that parliament is largely ineffective in shaping
government legislation..................................................................................31
Evaluate the extent to which Parliament is effective in carrying out its
functions........................................................................................................32
Evaluate the view that opposition parties have a limited impact in both
Houses of Parliament.....................................................................................35
Using the source, evaluate the view that Parliament is largely effective at
challenging the work of the Government.......................................................37
Using the source, evaluate the view that the principal role of backbench MPs
is now to hold the government to account....................................................38
,Evaluate the view that since 2010 the UK has seen a return to cabinet
government...................................................................................................40
Evaluate the view that the concepts of individual ministerial responsibility
and collective ministerial responsibility are both still important...................43
Evaluate the view that the executive controls parliament.............................44
Evaluate how sovereignty has changed in Westminster since Brexit............46
Evaluate the view that the Supreme Court has strengthened Parliamentary
sovereignty....................................................................................................49
Evaluate the view that the Supreme Court has too much influence over the
Executive and Parliament..............................................................................52
Evaluate the view that the Supreme Court operates with sufficient judicial
independence and neutrality.........................................................................54
Evaluate the view that the UK is in need of major
constitutional reform
Entrenchment
While there is an argument that entrenchment will safeguard against possible
infringements of rights, the SC already performs this role
For example, the Miller case ruled on by the SC asserted that Johnson
unlawfully prorogued parliament in order to silence MPs from opposing a no
deal Brexit in 2019
In 2017, the Miller.v Secretary of State for Exiting the EU case ruled that the
government could not begin the process of leaving the EU through exercising
royal prerogrative, instead Parliament had to enact legislation to start this
process
Therefore, this shows that the SC plays a significant role in protecting the
rights of individuals without the need for an entrenched constitution
, Thus, some may argue that major constitutional change is not necessary as
the judiciary is already seen as successful in achieving its objectives
However
Rights can easily be removed in the absence of an entrenched constitution,
highlighting the need for constitutional reform
For example, the COVID act 2020 saw the majority of civil liberties stripped in
order to enforce a national lockdown. Civil liberties that it stripped included:
o Mass surveillance
o Detention of ‘potentially infectious individuals’
o Restrictions on protests
Elections Act (2022) imposed restrictions on voters’ freedom through
mechanisms such as voter ID
While this was free to acquire, it did limit certain demographics’ turnout in
following elections
The Electoral Commission's report on the May 2023 local elections found that
4% of people did not vote because of the new voter ID requirements.
Younger voters (18-24) and voters from mixed or Black ethnic backgrounds
were five times more likely to be turned away from polling stations for not
having the required ID.
These two examples show that due to the fact that a constitution is not
entrenched in the UK, the government is free to limit or take away civil
liberties at will
Codification
Some say that the UK does not require a codified constitution due to the fact
that the key concepts of the constitution are already written into law
For example, the Bill of Rights of 1689 laid the foundations for parliamentary
sovereignty and protects civil rights
More recently, the HRA (1998) has formally detailed the rights that UK
citizens have
The Equality Act of 2010 consolidated and strengthened existing anti-
discrimination laws in the UK.
E.g. 2013 Cornwall
However
, A lack of codification has meant that the current sources of UK law, including
conventions, lack enforceability
For example, conventions such as CMR are not written in law, just accepted
This means that CMR can be broken without enforceable consequences
E.g. Johnson’s criticisms of the May government’s EU policy
Salisbury convention whereby lords will not opposite laws present in winning
party's manifesto, based on tradition not law
This means that crucial mechanisms that allow the legislative process to
operate are not protected in law and so may be ignored by political actors
Modernisation
Although modernisation is thought to be needed to reflect the current
societal values of the UK, many argue that the flexibility offered by an
uncodified and unentrenched constitution enables quick adaptability to social
change
For example the COVID Act of 2020 shows how to flexibility of an
unentrenched constitution enabled government to act quickly, saving lives
In the 1960s, parliament could quickly legislate on issues like same sex
relationships, abortion and capital punishment
This shows that an unentrenched constitution allows parliament to quickly
change the constitution according to the current social milieu without a long
and arduous process
However
The current constitution is undemocratic and is in need of modernisation to
ensure it reflects society's current values
For example, the unelected House of Lords, which can delay and amend
legislation, is an undemocratic relic of the past that does not reflect the will
of the people
The UK's system of electing the Prime Minister and members of Parliament
through the first-past-the-post electoral system is undemocratic, as it can
lead to a party forming government without winning the popular vote
