1.1- nature of the constitution

Question 1

when did the flexibilty of the constitution allow for rapid govt response?

Answer 1

• after the dunblanan massacre
• govt introduced the 1997 firearms act which banned all handguns

Question 2

when was the flexibilty of the constitution benificial to the formation of government ?

Answer 2

in preperation for the coalition
- civil servants drafted the cabinet manual to act as a guide for a coalition
- collective ministerial reponsibility and govt desision manking were adapted
- ability to cope with and adapt to a hung parliament shows its strength and flexibility

Question 3

what are the arguments for the codification of the constitution?

Answer 3

• would clearly define the role of each branch- allow for better checks on the executive
• codification would better protect rights - current constitutional changes only require a simple majority
• would protect against changes to the constitution based on populism
• would provide clarity
• simplicity: public knows were to go to access their rights

Question 4

what are the argumenst against the codification of the constitution?

Answer 4

• lack of condification makes it flexible- allows govt to resond to emergecies
• improvements can be made without codification
• allows government to effectively pass legislation and fulfill manifesto pleadges
• conventions are effective
• increases power of unelected judges
• HRA is effective

Question 5

give an example of an important convention that restricts government power?

Answer 5

• parliamen must vote on military action
• set by tony blair through his vote on iraq
• upheald by camerons vote on action in syria (defeated)
• broken by may in 2018 who refused to hold a vote

Question 6

give an example of when the supreme court upheald a convention.

Answer 6

• the 2019 prorgation of parliament case where the supreme court upheald that parliament should not be porogued for politcal purposes

Question 7

give an example of a constitutional change that lacked sufficient support.

Answer 7

• UK leaving the EU
• only got 52% of people who voted yes

Question 8

explain the argument that codification may have limited benfit on trasparency.

Answer 8

• most of the consitution is already written
  e.g the cabinet manuel (sets out the rules and conduct in the commons)
  e.g HRA sets out individual right
• many websites consolitate “constitutional” laws

Question 9

what are the sources of the constitution?

Answer 9

• statute law
• convention
• common law
• authoritative texts

Question 10

give an example that suggests the weakness of the Sewell convention.

Answer 10

• sewell convention: requires consent from devolved bodies for any uk wide legislation
• e.g Brexit, 2017 the SC ruled that it did not require the scottish parliements consent

Question 11

give a recent example of when SC power to strike down legislation would have better protected rights.

Answer 11

2023 Rawanda bill, despite a declaration of incompatibility, because of parliamentary sovereignty, the law is able to progress accompanied by the safety of rawanda bill

Question 12

what are the conventions that limit the power of the monarchy?

Answer 12

• the monarch is required to give their consent in order to pass legislation
• by convention this is always given

Question 13

give examples of authoritative texts.

Answer 13

• the cabinet manual
• the ministerial code

Question 14

what is common law?

Answer 14

• law that is developed through judges desisions in court