1.1- nature of the constitution

Question 1

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

Answer 1

• after the dunblane 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

• parliament and the sc would be able to better check the executive
• codification would better protect rights as changes would need greater support (e.g rawanda)
• constitutional changes only require a simple majority
• lack of codification is vague e.g what happens to ministers who break the code
• codification would encorage public engadgement: the roles of each branch would be clearly set out

Question 4

what are the argumenst against the codification of the constitution?

Answer 4

• lack of condification makes it flexible
• improvements can be made without codification
• allows governmnets to deal with emergencies e.g covid 19 regulations
• 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? (foreign)

Answer 5

• parliament must vote on military action
• set by tony blair through his vote on iraq 2003
• upheald by camerons vote on action in syria (defeated) 2013
• 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 50% 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