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Essay Plans - Government and Politics in the UK
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Constitution RevisionExplain and analyze 3 arguments for/against a codified/uncodified argument. (9)
P – codification provide clarity & be of educative value.
Ex – US set core values in a single authoritative doc; UK current’s position has the opposite effect.
Ev – UK various sources, confusion, CMR & IMR, neither clear, uncodified/not enforced courts of law.
An – constitution works, adapts, historic power of HoL reduced in parliament acts 1911 & 1949.
P – provide a check of executive power.
Ex – a series of checks and balances would restrain the centralization of power.
Ev – FTPA stopped govs making every vote a confidence vote, contradiction allowed May repeat q.
An – c+b exists, defeat exec, Johnson stopped by judiciary when trying to prorogue parliament.
P – effective entrenchment of rights.
Ex – this would be effective under a Bill of Rights being drafted.
Ev – UK pass HRA 1998, can be derogated, used by gov to pass Anti-Terrorism Crime & Security Act.
An – not enhanced democracy, disputes occur, resolving it a job of unelected judges due to JAC.
Explain and analyze 3 sources of the UK constitution. (9)
P – statute law.
Ex – law derived from AoP & subordinate legislation, AoP establish constitutional principles.
Ev – The HRA 1998, established formed through this, Fixed Term Parliament Act 2011.
An – amended/repealed, Article 5 HRA derogated before to pass 2001, Anti-crime & Terrorism Act.
P – common law.
Ex – law from decisions in court and general customs, legal precedents when unclear statute law.
Ev – homicide is defined by common law, The Royal Prerogative falls under Common Law.
An – less sig, parts of royal prerogative taken away by FTPA, removed power to dissolve parliament.
P – conventions.
Ex – rules/norm considered binding, neither codified/enforced by courts of law, crucial for function.
Ev – salisbury Convention, Lords stop wreck bills that enact manifesto promise, ministerial
responsibility conventions.
An – ambiguity, appointing PM unclear if no party wins majority, HoL reform act 1999 assertive,
blocked ID cards despite on 2005 Lab manifesto.
Explain and analyze 3 ways the constitution regulates the government. (9)
P – separation of powers.
Ex – between the legislative, exec & judiciary, ensures no single branch has too much power.
Ev – CRA 2005, separate judiciary from legis, scrap Lord Chancellor, HoL & most senior judiciary.
, Constitution Revision
An – fails to work, Johnson elective dictator, accused of ruling by fiat, accelerated by Brexit.
P – parliamentary sovereignty.
Ex – parliament power to make/unmake any law, derived from parliament represents the people.
Ev – HoC speaker Bercow May bringing 3rd meaningful vote to parliament over Brexit.
An – come under challenge, centralizing forces, Thatcher abolition of the GLC & Met County Councils.
P – upholds rights.
Ex – recognizes importance of human rights & protecting individual freedoms.
Ev – HRA 1988 incorporates ECHR in UK law, parliament devolved assemblies ensure compatibility.
An – lacks same legal status, amended/repealed by parliament, Article 5 HRA derogated for 2001,
Anti-crime & Terrorism Act.
There is now an overwhelming case for a codified UK constitution/written constituion, Discuss.
(25)
Constitution outlines power allocated between gov branches, regulates, limits and outlines.
Usually occupied with a Bill of rights, HRA in the instance of Brits.
UK = uncodified, not scribed in a single document but made up of several. Brits > US
P – flexibility.
Ev – reflect social attitudes, Abortion Act 1967, same-sex 2014. America and the right to bear arms.
Ex – issues from old act of law changed by AoP or judicial precedent, whereas codification = difficult.
An – UK v EU members only uncodified but left EU, events overrun speed of change, COVID.
Ev – alteration over small periods; complete codification is unachievable, endorsed & legit changes.
P – checks & balance.
Ev – Devo, Scotland Act 1998 Scottish parliament, no tuition fees, free prescriptions. HRA > BoR.
Ex – factors allowing Scotland in the union, HRA same purpose of entrenchments codification would.
An – codification clarification over the executive, party gate. BUT devo HRA increasing codification.
Ev – Checks & balances exist gov defeated by voting (Cameron & Syria) democratic > codification.
P – democracy.
Ev – AoP conflicts, judges strike down, judicial precedent. Judiciary separate CRA 2005
Ex – undemocratic, undermines rule of law and parliamentary sovereignty, blend judiciary and gov.
An – however, judicial interpretation via codification ensures HRA upheld, Belmarsh (incompatibility)
Ev – increasing codi, disputes still occur, necessary to ensure the appropriate decision occurring.
Constitution = uncodified, adaptability in the political climate and societal needs
Ensures protection of the people and rights thru certain codified elements
Codification = more command to the people but this moves UK to direct democracy = bad
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