Evaluating the UK constitution

Question 1

main weakness

Answer 1

Not enough limits on the government
Weak protection of citizens’ rights

Question 2

Not enough limits on the government

Answer 2

“Elective dictatorship” (1976, Lord Hailsham) Once elected, there are very few restrictions on the government. Citizens vote once every 5 years to hold the government to account, but in between elections, government can do pretty much what it wants, with very few limitations EG - BJ constitutional reforms - DCP act, policing act, elections act - PPERA

Question 3

Weak protection of citizens’ rights

Answer 3

We don’t have a codified constitution with entrenched provisions: any government with a majority in Parliament can take away citizens’ rights
Example:
The 2015, 2017 and 2019 Conservative manifestos promised to scrap or ‘update’ the Human Rights Act 1998
The Police, Crime and Sentencing Act 2022 limiting the right to protest

Question 4

main strengths

Answer 4

1. Flexible
2. Strong effective government

Question 5

flexible

Answer 5

It’s easy to change and modernise.
examples?
House of Lords; devolution; Supreme Court;
Fixed-Term Parliament Act/Dissolution and Calling of Parliament Act; Human Rights Act, Brexit, etc, etc
By comparison, because the US constitution is so difficult to change, a lot of things that are seriously wrong with the US political system just stay as they are. The US constitution has been amended only once in the last 40 years, and for a very minor change. -

Question 6

strong and effective government

Answer 6

Government can get on with things and push policies, laws and other changes through without many obstacles.
However, that may be efficient, especially in a crisis, but also risks a government becoming too powerful, unchecked and unrestricted – able to abuse power or change the system in ways that doesn’t benefit the
general public

Question 7

other problems

Answer 7

Uncertainty, lack of clarity – difficult to understand, vague unwritten rules
Undemocratic elements –
unelected House

Question 8

Examine the view that the UK constitution is not fit for purpose

Answer 8

1. Elective dictatorship - not enough limits on
   power
   Strong effective government
2. Flexible
   Uncertainty, unpredictable
3. Weak protection of rights
   Easier to add new rights - Neonatal Care (Leave and Pay) Act 2023 - A Bill to make provision about leave and pay for employees with responsibility for children receiving neonatal care. - PMB - introduced by Stuart Mcdonald SNP
4. Undemocratic elements
   Advantages of unelected Lords, Monarchy as head of state