Topic 6: The Nature and Sources of the British Constitution

Question 1

1. Explain and analyse three sources of the British constitution:

Answer 1

1. Statute law – Parliament Acts - HRA 1998 - ECHR in law (rooghts protection)
2. Common law – R v R 1991 made marital rape illegal
3. Constitutional conventions – monarch gives royal assent to bills ( tradition )

Question 2

2. Explain and analyse three constitutional reforms introduced since 1997:

Answer 2

1. Devolution (1998) – The Scotland Act (1998), Wales Act (1998), and Northern Ireland Act (1998) established devolved governments with powers over areas like education and health in Scotland, Wales, and Northern Ireland.
2. Human Rights Act (1998) – ECHR into UK law, allowing UK courts to hear human rights cases without going to the European Court of Human Rights. In Strasbourg
3. House of Lords Act (1999) – making it more elected and representative. Only 92 hereditary peers remain as most were removed

Question 3

3. Explain and analyse three principles of the UK constitution:

Answer 3

1. Parliamentary sovereignty – Parliament can repeal laws
2. Rule of law – Government is subject to the law, e.g. boris 2019
3. Unitary state – Centralised authority, though challenged by devolution.

Question 4

4. Explain and analyse three strengths of the UK constitution:

Answer 4

1. Flexibility – Easy to adapt, e.g., Fixed-term Parliaments Act repealed in 2022.
2. Parliamentary sovereignty – Ensures democratic legitimacy.
3. Strong institutions – Monarchy, judiciary, and Parliament provide stability.

Question 5

5. Explain and analyse three weaknesses of the UK constitution:

Answer 5

1. Lack of codification – Confusion over conventions (e.g., prorogation in 2019).
2. Centralisation of power – Westminster dominance over devolved regions.
3. outdated practices - hol undemocratic