Lecture 10: Revision and Exam Technique
Understanding why UK constitution is so particular rather than other systems:
uncodified
Major topics to review:
3 key principles: Separation of powers, Parliamentary sovereignty and rule of law
o 1) Separation of powers: Montesquies’ view, constitutional reform act 2005
o Link between separation of powers and rule of law: purpose is separation is to
protect ROL
o 2) ROL: Look at Aristotle and Dicey; formal v substantive conception
o 3) Parl. Sovereignty: Bill of rights, Dicey’s orthodox principle
o idea of entrenchment: parliament cannot bind future parliaments
o consequence is that parliament cannot entrench (protect) an Act itself
o can only constitute later Act which weakens earlier one (implied repeal)
o critic of this is Jennings
o rule of recognition: rules on which UK recognizes laws; act needs be passed by
Queen, Commons and parliament
4) EU membership: Factortame case
Shaped how parliamentary sovereignty developed
5) Brexit: in parliamentary sovereignty topic- last years exam question
Withdrawal bill of EU- not yet passed, maybe in time for our exam
Legal significance: parliament will have to pass a law that agrees with Theresa May’s
Brexit deal (in the future) keep eye on news
6) Responsible and accountable government: how democracy can keep it
accountable; according to conventions; linked to ROL!
7) Royal Prerogative: historic significance, how it changed today- also liked to judicial
review
8) Devolution: how states developed and power spread and was allocated to enforce
democracy
Exam Questions:
Multiple choice in week of 15th; 30 minutes for whole exam for 20 Qs
May exam: 2h 15min mid may to mid June period
Choose 3 essay questions, so 45min per Q
6 available Questions
Judicial review problem question 100% on exam
Quality not quantity
Structured argument
Include cases and legislation
Critical analysis and discussion
Do not confuse the EU and the ECHR (European convention on Human rights)
how many cases to include: 2 at least; short summary of facts (2 sentences); may also
include an important articles from handbook (find on westlaw or city library)
Understanding why UK constitution is so particular rather than other systems:
uncodified
Major topics to review:
3 key principles: Separation of powers, Parliamentary sovereignty and rule of law
o 1) Separation of powers: Montesquies’ view, constitutional reform act 2005
o Link between separation of powers and rule of law: purpose is separation is to
protect ROL
o 2) ROL: Look at Aristotle and Dicey; formal v substantive conception
o 3) Parl. Sovereignty: Bill of rights, Dicey’s orthodox principle
o idea of entrenchment: parliament cannot bind future parliaments
o consequence is that parliament cannot entrench (protect) an Act itself
o can only constitute later Act which weakens earlier one (implied repeal)
o critic of this is Jennings
o rule of recognition: rules on which UK recognizes laws; act needs be passed by
Queen, Commons and parliament
4) EU membership: Factortame case
Shaped how parliamentary sovereignty developed
5) Brexit: in parliamentary sovereignty topic- last years exam question
Withdrawal bill of EU- not yet passed, maybe in time for our exam
Legal significance: parliament will have to pass a law that agrees with Theresa May’s
Brexit deal (in the future) keep eye on news
6) Responsible and accountable government: how democracy can keep it
accountable; according to conventions; linked to ROL!
7) Royal Prerogative: historic significance, how it changed today- also liked to judicial
review
8) Devolution: how states developed and power spread and was allocated to enforce
democracy
Exam Questions:
Multiple choice in week of 15th; 30 minutes for whole exam for 20 Qs
May exam: 2h 15min mid may to mid June period
Choose 3 essay questions, so 45min per Q
6 available Questions
Judicial review problem question 100% on exam
Quality not quantity
Structured argument
Include cases and legislation
Critical analysis and discussion
Do not confuse the EU and the ECHR (European convention on Human rights)
how many cases to include: 2 at least; short summary of facts (2 sentences); may also
include an important articles from handbook (find on westlaw or city library)
