3.1.1.1 The nature and sources of the British constitution examples

Question 1

Nature of the constitution

Question 2

Example of govt being accountable to parliament

Answer 2

1997 ministerial code: “ministers have a duty to parliament to account, and be held to account for policies”
-convention that ministers follow regardless of institutional advantage(they carry out the law)

Question 3

example of flexibility

Answer 3

-Online safety act 2023 which made Ofcom now formally the regulator for online safety

Question 4

Sources of the UK constitution

Question 5

statute law: 2015 recall of Parliament Act

Answer 5

-constituents to trigger a by-election if their Member of Parliament (MP) engages in serious wrongdoing or is sentenced to a prison term.
-promotes accountability and ethical conduct in parliament

Question 6

statute law: 1991 dangerous dogs act

Answer 6

-targeted specific breeds like pit bull terrier and addressed concerns relating ownership and breeding

Question 7

Common law: Blackstone(1700s) vs now

Answer 7

• Blackstone wrote ‘The commentaries on the laws of England’ and argued that common law was more powerful and respected
  -now: parliament is the sovereign law making body

Question 8

common law: Judicial review for Dalton Oct 2023

Answer 8

-original complaint to Police Ombudsman of NI about police handling father’s murder during troubles ignored 2005 but claims were substantiated in 2013
- daughter took NI attorney general to court for refusal for fresh inquest

Question 9

Conventions: prerogative powers minister

Answer 9

-Sep 2019, Johnson sought to prorogue parliament for 5 weeks during Brexit negotiations
-disagreed with due to unstable political climate, and ‘styming parliament’
-later ruled as unlawful

Question 10

Conventions: collective responsibility

Answer 10

-cabinet must show unified front in policy decisions or either resign

Question 11

Salisbury and Sewel conventions

Answer 11

-salisbury: HOL should not oppose a measure from commons which was part of their manifesto
-sewel: UK parliament wont legislate on devolved assembly matters without legislative consent motion

Question 12

AV Dicey’s An introduction to the study of the law of the constitution(1884)

Answer 12

-used as a guide to understand and develop the constitution
-defended parliamentary sovereignty under an independent judiciary and the rule of law

Question 13

EU law: The Lisbon treaty(2009) and The Maastricht treaty(1992)

Answer 13

-Lisbon: a set of agreed-upon rules to make it easier for EU countries to work together
-Maastrich: created EU and introduced euro currency

Question 14

the ‘right to life’ has multiple sources

Answer 14

-parliamentary statutes like the abolition of the death penalty act 1965
-international conventions like protocol 13 of the ECHR which concerns the abolition of the death penalty in all circumstances

Question 15

parliament’s legislations kept in check by UK courts

Answer 15

-Oct 2023, Supreme court rules Sunak’s Rwanda asylum policy, where asylum seekers would be sent to rwanda facing a risk of refoulement as UNLAWAFUL

Question 16

Equalities and Human Rights Commision

Answer 16

• brings cases under the equality act 2010 and often work with government to influence progress on equality
  -sponsored by the Cabinet office

Question 17

Brexit affecting rights

Answer 17

-UK no longer follows EU rights like free movement of workers which protects the right of residence for workers and family and the right to work on equal footing as nationals in any member state

Question 18

Healthcare rights breached

Answer 18

-mental health services are often under-resourced and face various challenges, such as lengthy waiting times for treatments, inadequate inpatient facilities, and a lack of appropriate support for individuals with complex needs.

Question 19

:) bill of rights: Miller v. Secretary of State for Exiting the European Union in 2017

Answer 19

The Supreme Court ruled that the government could not use royal prerogative to trigger Article 50 without parliamentary consent to begin the process of leaving the EU

Question 20

:): specific issues to british culture

Answer 20

the right to live free from discrimination and the right to a private and family life in breach due to wind rush gen wrongly detained, denied legal rights, threatened with deportation.(2017)
-rights can be protected by judicial review which examines the lawfulness of the govt

Question 21

:): political shifts

Answer 21

introduction of laws such as the Anti-terrorism, Crime and Security Act 2001 gave govt powers to detain individuals without trial based on suspicion of involvement in terrorism following 9/11
-right to liberty, the right to a fair trial in breach

Question 22

:(: weakens ability to seek redress

Answer 22

-Banaz mahmood’s sister brought a civil claim against the Metropolitan Police for failure to prevent her sister’s murder under the Human Rights Act 1998 and breaching Article 2 the right to life.

Question 23

:( :modern HR issues

Answer 23

-healthy and sustainable environment, climate change

Question 24

:( : partial proportionality

Answer 24

‘proportionality’ assessments ensure interests are balanced well in court
-parliament are not tasked with looking at the facts of individual cases which risks reducing govt accountability