Constitution exam questions

Explain and analyse 3 different ways in which the British Constitution upholds citizens rights [9marks]

→ Point 1: Statute law

• Any legislation passed by parliament

• HRA 1998 incorporates provisions from the ECHR like right to life and right to privacy, making such rights a part of domestic law: Protecting individual rights

• Individuals can bring cases concerning civil rights to UK courts instead of going to Strasbourg

• Ensuring a swift administration of justice where rights have been violated

• AOP can be subject to repeal. Proposals to repeal and replace the HRA with a British bill of rights

→Point 2 : Strong institutional framework safeguarding rights.

• SC uses its power of judicial review to interpret and enforce statute law

• Bull v Hall 2013: Christian owners of a guesthouse refused to allow a same sex couple in a civil partnership to share a double room

• Couple claimed they had been discriminated against on the grounds of sexual orientation: A protected characteristic under the EA 2010

• Court ruled in the favour of the couple, citing that religious beliefs do not justify discrimination

• Ruling seen to protect the rights of the LGBTQ community

• Conflict between individual and collective rights

→ Point 3: Role of ancient documents. Magna Carta 2015

• First formal attempt to limit the power of the monarch and was crucial in the development of the British constitution

• Significant provisions such as the right of all “free men” to justice and a fair trial have been retained and enforced by modern legislation

• Focused on protecting the rights of barons rather than ordinary citizens

Explain and analyse 3 ways in which any 2 constitutional changes since 1997 have affected the British constitution [9marks]

→ Point 1: Constitutional reform act 2005

• Replaced appellate committee of the HOL as the highest court of appeal with an independent Supreme Court- enhanced the separation of powers by stripping the HOL of its judicial function, establishing greater judicial independence as the court is separated from political influence and highlighted the divergent roles of the judiciary and legislative.

• Introduced an independent Judicial appointment commission that is responsible for selecting members of the judiciary through a merit based system . Reducing executive influence over the selection process through the minimised role of the lord chancellor. Has gradually diversified and strengthened the legitimacy/transparency of a constitutionally significant institution.

→ Point 2: Devolution

• Devolution delegated certain powers to Scotland, Wales and NI following the 1997 referendums and the Good Friday agreement in the case of NI.

• Weakened the traditional unitary character of the British constitution where all legislative authority is vested in the centre -Westminster

• Areas of policy such as education, housing and some aspects of taxation lie in the elected assemblies/parliaments of the devolved regions allowing the cultivation of policy divergence such as Scotland abolishing university tuition fees

• Creating a quasi federal structure instead where power shared between the centre and regional governmental bodies in a way that resembles federalism.

→ Point 3 : Impermanence and parliamentary sovereignty

• However both constitutional changes can be reversed by parliament in theory as acts of parliament can be repealed in the future - No parliament can bind its successor

• But doing so would trigger a constitutional crisis as devolved powers would be retracted and the supreme court decommissioned

• Meaning that the principle of parliamentary sovereignty has weakened in practise even if not it law by such changes

Explain and analyse the significance of three sources of the British constitution [9marks]

→ Point 1: Statute law

• Any legislation passed by parliament

• Representation of the peoples Act 1928: Gave women the vote on equal terms as men and removed all prior property qualifications to be eligible to vote.

• The statue was extremely significant as it allowed for democratic reform by removing limitations that barred an individuals access to the vote

• As parliament is the supreme legislative body in the UK statute law is the most prerequisite source of the constitution and ensures the laws can adapt to changing social attitudes

→ Point 2: Common law

• Is a body of legal precedent resulting from the rulings of the senior judiciary which becomes binding to lower courts.

• In 2019 the SC ruled any prorogation that had the effect of frustrating the ability for parliament to carry out its constitutional functions as a legislature would be unlawful. This ruling declared Johnson prorogation of parliament unlwaful.

• The ruling set a new legal precedent and confirmed that prerogative powers are judiciable

• Its significant as judges can clarify and develop constitutional limits in areas where stature law is absent.

→ Point 3: Works of authority

• Documents and texts that entail parliamentary procedures and the responsibility of government but are not enforced by law.

• Erskine Mays parliamentary practise 1844 is referred to the bible of parliamentary procedure and referenced by the speaker of the HOC when making rulings about the conduct of parlaimetary business

• In 2019 then speaker John Bercow cited mays work to prevent PM Theresa may form bringing her withdrawal deal before the commons for a third time in that parliamentary session

• So although works of authority have no legal authority they are still utilised and impact the workings of government and parliament

The British constitution has stood the test of time extremely well and needs no major reform. Analyse and evaluate this statement [25marks]

→ Introduction

• British constitution is uncodified meaning fundamental rules/principles of how a state is governed are not contained in a single document

• Instead the constitution is rooted in various sources such as statute law, conventions and works of authority allowing it to evolve considerably over time

→ Point 1: Against: Weak protection of rights

• The uncodified nature of the constitution means rights are safeguarded via statute law such as the HRA 1998 and the equality act 2010 but neither are entrenched and can be subject to repeal due to the principle of parliamentary sovereignty

• Many politicians like May and Johnson have called for the UK to repeal the HRA and introduce a British bill of rights instead and recently this sentiment has gained further traction with Nigel Farage saying he would take the UK out of convention if reform wins the next election.

• This places vital human rights such as the right to life and a fair trial in an extremely vulnerable position with the possibility of them being revoked as well as individuals being unable to take their cases to Strasbourg if UK courts do not remedy a violation of their rights

• Additionally parts of the HRA can be disapplied as was the case for the Safety of Rwanda act where the courts were unable to issue a declaration of incompatibility as the act instructed courts not to question parliaments determination that Rwanda is safe and restricted the ability of asylum seekers to bring forward HRA challenges

• It can be argued that codification is a reform that must be considered to ensure rights of all individuals gain entrenched protection and cannot be easily or at all overridden

→ Point 2: For: Flexibility and adaption to changing social attitudes

• Constitution provides a degree of flexibility that allows parliament to quickly respond to changing social attitudes without having to ensure compliance with a higher body of law

• Representation of the peoples Act 1928 gave women the vote on equal term as men and removed prior property qualifications that were necessitated to be eligible to vote

• A huge moment in statue law as it enabled democratic reform to take place seamlessly and respond to the social movements at the time calling for universal suffrage

• The flexibility also allows parliament to legislate swiftly in times of emergency

• Coronavirus act 2020 was debated and passed in a matter of days allowing government to restrict movement and detain individuals that violated lockdown restrictions

• The absence of a codified constitution allowed emergency powers to be granted without a need for complex amendment procedures and judicial interpretation, dissenting the need for major reform.

→Point 3 : Against : Royal prerogative gives too much power of the PM

• Formal powers of of the monarch that are now exercised by the PM and government.

• PM can dispense honours such as awarding life peerages (without a statutory oversight mechanism) which is often used as a means of altering the balance of the HOL in favour of the ruling party

• In 2025 Starmer announced 25 labour peerages to strengthen labours hand in the lords - despite the lords being designed to be a less partisan chamber and a concentration of labour peerages dilutes its ability to scrutinise actions of government

• Dispensing honours has been a problematic part of the UK constitutional framework for years with PMs rewarding loyalty over merit. Gavin Williamson was recommended and awarded a knighthood by Johnson after being previously sacked by may for allegedly leaking sensitive material from a national security meeting

• A removal of prerogative powers or an increased check on the ability of PMs to dispense honours are reforms required to ensure that such powers are not exploited by the PM to gain an unjustified political advantage