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Also applicable for: Evaluate the view that all sources of the UK Constitution are equally important
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Argument 1 against my point
The doctrine of Parliamentary Sovereignty means that Acts of Parliament are the highest form of law and cannot be overridden by any other body.
Evidence 1 against my point
The Internal Market Act 2020, which overrides certain aspects of the Northern Ireland Protocol and ensures the free flow of goods within the UK, demonstrating parliamentary sovereignty.
Argument 1 for my point
Judicial decisions and the development of common law principles, such as judicial review and human rights protections, have profound constitutional implications.
Evidence 1 for my point
SC ruling in R (Miller) v. The Prime Minister (2019), which found Boris Johnson’s prorogation of Parliament unlawful, illustrating judicial checks on executive power.
SC’s ruling in Miller v. Secretary of State for Exiting the EU (2017), which established that the government could not trigger Article 50 without an Act of Parliament, highlighting the judiciary's role in constitutional matters.
Argument 2 against my point
Acts of Parliament provide clear, authoritative legal rules that are enforceable in courts, making them essential for legal certainty and governance.
Evidence 2 against my point
The Coronavirus Act 2020, which provided the govt. with wide-ranging powers to manage the COVID-19 pandemic, offering clear legal guidelines during a public health crisis.
The Equality Act 2010, which consolidates and clarifies anti-discrimination laws in a single Act, making it easier for individuals to understand their rights
Argument 2 for my point
Unwritten rules and conventions, such as the requirement for the Prime Minister to be a member of the House of Commons, are crucial for the functioning of the constitution despite not being legally enforceable.
Evidence 2 for my point
The resignation of Robert Jenrick as Immigration Secretary in 2023 due to ministerial code, demonstrating the importance of conventions and accountability mechanisms
The convention that the PM must command the confidence of the HofC was evident when Theresa May faced a vote of no confidence in 2019 after her Brexit deal was rejected
Argument 3 against my point
Acts of Parliament can address a wide range of issues, from constitutional changes to social policies, making them versatile tools for governance.
Their comprehensive scope allows for the detailed regulation of various aspects of public life.
Evidence 3 against my point
The Environment Act 2021, addressing a wide range of environmental issues such as air quality, water resources, and waste management, showcasing the breadth of parliamentary legislation.
The Domestic Abuse Act 2021, which was passed in response to increasing public awareness and concern about domestic violence, showing Parliament’s responsiveness to societal issues.
Argument 3 for my point
International treaties and agreements, such as those related to trade, defence, and environmental protection, have significant constitutional implications and often require careful consideration alongside domestic legislation.
Evidence 3 for my point
UK’s commitments under the Paris Agreement on climate change, influencing domestic environmental policy and legislation
The ongoing impact of the HRA 1998, which continues to enforce the European Convention on HR in UK courts, showing the significance of international law in the UK constitution.