Essayzzz And Examplezzz

Question 1

Do what extent does Parliament remain sovereign? (25)

Answer 1

FOR
Uncodified Constitution 
• Absence of a higher law 
Supremacy of Statute Law 
Absence of rival legislatures 
• HofL is unelected - no legitimacy 
• Judiciary can only enforce law not make it 
e.g. Judicial Neutrality 
No Parliament can bind its successors 
e.g. Thatcher's section 28 of the local government act 
        • Blair abolished this in 2003 

AGAINST
Political Sovereignty
• Parliament isn’t politically sovereign
e.g. Parliament could abolish elections but it would be very Undemocratic
Popular Sovereignty
• Increased use of referendums
e.g. Socialist Independance Referendum (2014)
Devolution
e.g. The result of rising nationalism in Scotland and Wales
EU Membership
e..g Factortame Case (1991)

Question 2

Assess the significance of the constitutional reforms introduced since 1997 (25)

Answer 2

FOR (Significant)
Devolution (1999)
• Powers away from Westminster 
    e.g. Education - Scottish unis are free for Scottish citizens 
ECHR (2000)
• Sets boundaries for the government 
• Strengthens the judiciary 
e.g. Willis v UK, 2002
Increased use of Referendums 
e.g. Scottish Independence referendum 2014 

AGAINST
HofL Reform (1992)
e.g. Still 92 hereditary peers in the HofL
Fixed Term Parliament (2011)
• 2/3 of HofC can call upon a general election
• Vote of no confidence
e.g. James Callaghan’s 1979 government challenged by Thatcher

Question 3

Assess the strengths of the UK Constitution (25)

Answer 3

FOR 
Flexibility - Not entrenched 
e.g. Devolution (1999) - response to rising nationalism in Wales and Scotland 
Parliamentary Sovereignty 
• Democratic Rule 
e.g. Remedial Orders - Terrorism Act Remedial Order (2011)
Effective Governments 
e.g. Blair landslide majority in 1997
Tradition 
e.g. Monarchy - symbol of Britian 

AGAINST
Weak protection of Rights
e.g. Conservatives want to introduce a UK Bill of Rights
Centralisation
e.g. Executive controls Parliament
Uncertainty
• Sometimes difficult to know what the constitution says
• Conventions
e.g. Convention of Individual Ministerial Responsibility
• Not written down anywhere but is still expected
Elective Dictatorship
e.g. Blair - denocracy

Question 4

Make out a case against the adoption of a codified constitution for the UK (25)

Answer 4

FOR (Codified is bad)
Rigid - entrenched status
e.g. Achievement of civil rights for African Americans took a very long time - because of the lengthy process
Unelected judges
• Gives unelected judges too much power
e.g. USA - 9 appointed judges for life (outdated etc)
Weak Government
• Too many checks and balances
e.g. Thatcher enjoyed her overwhelming majority because of the UK Uncodified Constitution
No need
• Most codified constitutions are the result of political unrest within a country
e.g. French Revolution
• No need in the UK

AGAINST ( Codified is good)
Get Rid of elective dictatorships
• Govt can only pass legislation with a clear majority
Protecting Human Rights
e.g. Belmarsh Cases 2004
Clarity
e.g. US constitution is available for everyone to see
Higher Law and Entrnechment
e.g. 2015 Conservative government want to introduce a British Bill of Rights