This document covers topics of politics alevel section 'the UK constitution' with specification to the 2022 exams. This document is nevertheless valuable to any student wanting to develop their knowledge of this section of the course through its usage of profiles, facts, events and statistics.
Sources of the UK constitution
Statute laws:
- Statute laws use parliamentary sovereignty to overpower every other existing law. An
example of a statute law is the Human Rights Act of 1998 which grants citizens of the UK
individual rights, as well as The Franchise Act of 1928 which gave anybody over the age of
21 the right to vote. This suggests that statute laws are superior due to their ability to
override the power of existing laws. Furthermore, statute laws are typically seen as being the
laws which are fundamental to society as well as the law, because they improve the standard
of living and concern national interest.
Common laws:
- Common laws are based upon tradition and precedent sometimes being referred to as
‘judge-made laws.’ When deciding the legality of a case, a judge will analyse similar cases as
well as the decisions made regarding their outcome. The most notable example of common
law is the prerogative powers which the prime minister exercises on behalf of the monarch.
This idea is significant because it enables the law to be judged equally ensuring modern cases
are met with the same consideration that cases in the past witnessed therefore promoting
justice.
Works of authority:
- Works of authority are laws which are influenced by the work of scholars who are considered
as being ‘experts’ of the UK constitution and they have the knowledge to declare what is
lawful and correct. Examples of such scholars include Walter Bagehot and his 1867 piece ‘the
english constitution’ as well as A.V Dicey’s 1885 ‘law of the constitution.’ However although
these works are based upon tradition, they can nevertheless be interpreted as being outdated
as the considered scholars of the constitution address the victorian era instead of the modern
and diverse twenty first century.
Nature of UK constitution
Non-codified
- The UK constitution can be dated back to the Magna Carta which was recorded in 1215, as a
result of the constitution’s age, it is not contained within a single document therefore making
it uncodified. By the UK constitution being uncodified, this enables a level of flexibility which
allows changes to be easily made and laws amended, this is significant as it allows the
constitution to remain relevant to an ever evolving society. In 1997, following the Dunblane
Massacre, the UK was able to impose stricter regulations regarding gun controls in the UK to
prevent the occurrence of a similar event being committed again.
Rule of Law
- The Rule of Law ensures that every resident in the UK is accountable to the same laws despite
their social or political position. This fundamentally allows the maintenance of an ordered
society where every individual is judicially equal. An example of this was in 2022, when
Prime Minister Boris Johnson received a fine for his violation of the 2020 Coronavirus Act
during the ‘partygate’ scandal. Despite his political power, Johnson was as accountable to
the law as any other individual and was liable to the same consequences. However, Johnson
only witnessed liability following the media’s criticism of the lack of consequences he endured
for holding a birthday party during the pandemic. If this criticism had not been published,
arguably, he would have not been accountable to the law.
Unentrenched
, - No formal change process which allows the constitution to remain relevant and can be
reformed to relate to contemporary society however, it nevertheless suggests that the
constitution can be changed too quickly which therefore creates instability and confusion.
Unitary
- Despite devolution, the Scottish Parliament and Irish Assembly are still accountable to the
central government of Westminster who granted them their powers and is therefore superior.
An example of a unitary law would be the gambling act 0f 2005 with limitations placed on
accessibility of gambling and the protection of children and vulnerable individuals from being
exploited. The law applies to England, Scotland and Wales; the law also applied to Northern
Ireland however until 2021, gambling with the exception of the national lottery was illegal,
and therefore the act was ineffective.
Parliamentary sovereignty
- Parliament has legal authority to adjust or modify the law. An example of this is how in 2005,
Parliament suspended article 5 of the Human Rights Act so that the Counter Terrorism Act
could be introduced which allowed the Home Secretary to impose “control orders” on
suspected terrorists whose liberty maybe considered as being a security threat to the general
public.
The role of the Supreme Court and its impact on government, legislature and policy process.
- Under the Human Rights Act of 1998, all government bills must include a statement saying
that, in the minister's view, the bill is either compatible with human rights or that it is
incompatible but the government nevertheless wishes to proceed. However, the UK Supreme
Court can disagree in a subsequent court case that a bill is compatible. This as a result makes
the government more careful and cautious about drawing up bills. However, in 2005 the
Supreme Court ruled a blanket ban on denying all prisoners the vote was incompatible with
the Human Rights Act, but nevertheless Parliament introduced the law.
- In 2015, the UK Supreme Court only narrowly (3 to 2) upheld the controversial cap on the
total amount of benefits an out-of-work family could receive including housing benefits and
benefits for children to £500 a week. Opponents argued that this breached the Human Rights
Act as well as the UN Convention on the Rights of a Child.
The ‘John Worboys (“black cab rapist”) case (2018):
- two victims won a case against the Metropolitan Police due to their inability to take the
allegations seriously. The UK Supreme Court stated that the victims Human Rights had been
neglected due to the breachment of section three (treated inhumanely.)
The Charlie Gard Case (2017):
- Charlie Gard’s (a seriously ill baby) parents wanted to take their son abroad to achieve more
specialised treatment however Great Ormond Street Hospital stated that this would not be in
the child’s best interest. The UK Supreme Court argued that this breached the “right to
health” (Section 2.)
Evidence of lack of diversity (2018)
1. 25% of judicial judges were women
2. no judicial judges were of an ethnic minority
3. 75% of judicial judges were students of either Oxford or Cambridge
Main roles:
1. The final court of appeal for all UK civil cases and criminal cases from England,
Wales and Northern Ireland.
2. Makes decisions regarding the national interest and has an impact on the general
public.
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