UK Politics A Level Essay Practices
Constitution:
Explain and Analyse 3 Features of the UK Constitution
Feature 1 – Uncodified
The British Constitution is found in a Variety of Sources, making it harder to understand their rights
and political nature, but the uncodified nature also makes it more easily adaptable
Case Study – Following Dunblane Massacre of 1996, killing 16 pupils and a teacher, two firearms were
easily and rapidly passed at the end of 1997, banning all handguns in the UK. Eval – Not so easy in the
US as gun rights at entrenched by 2nd amendment, so not so easily adaptable
Between 2017 and 2020, NI parliament Stormont was suspended and UK parliament, passed law with
ease in NI on its behalf, for example the NI Act 2019, which was amended to legalise same sex
marriage and liberalise abortion.
Feature 2 – Unitary State
All Power ultimately derives from the Central Government in the UK, being the opposite to the federal
constitution of the USA
All Power given to regions through devolution is delegated, not transferred permanently
Some Brexiteers saw the EU as a threat to the UK status as a unitary, as some power ultimately
derived from the Eu, like immigration laws surrounding EU citizens.
Case Study - Factortame Case 1998 – Demonstrated that law courts that were not acting in the Law
created by Parliament. After this case effectively the House of Lords had been given the authority to
ignore Acts of Parliament which may conflict with EU LAW.. Factortame saw the House of Lords
confirm the primacy of EU law over national law in the areas where the EU has competence because
of the UK acceding to the EU treaties
Feature 3 – Parliamentary Sovereignty
Idea that Parliament is the supreme authority of the Land.
No parliament can bind its successor, meaning the constitution is changed and even reversed
over time
Case Study – R v Secretary of State for Exiting the EU 2017, determined that Parliament must
be allowed a Vote on whether Article 50 should be triggered
Further Feature – Rule of Law
Rule of Law is the idea that everybody is equal and subjected to the same laws
Identifies the UK as a modern democracy, and ensures the powers of the Government are limited and
don’t break the law
Case Study – Party gate scandal, which emerged at the end of the pandemic, highlights the existence
of the Rule of the law where Boris Johnson and Rishi Sunak ended up being fined for their rule
breaking – despite their position and their efforts to cover it up.
Explain and Analyse Three Sources of the Constitution
Feature 1 – Statute Law
Laws made by legislators such as MPs
, Full force of Law
These are acts of parliament that affect and alter the constitution
Statute Law convers laws that impact civil liberties such as the Humans Rights Act of 1998, such as
incorporating ECHR into UK Law
Rights could be removed or diluted if Parliament desired, as they are statue law
Feature 2 – Common Law
Law passed down over the years, through legal judgments made in the courts
Senior judges use judicial review to establish and clarify a legal position, where statute law is either
absent or unclear by establishing a legal precedent setting a binding precedent for lower courts
Represents Judicial precedence, e.g. right to free expression
Does not have precedence over statute law
Case Study – The Magna Carta 1215 – This is a key document based in Common Law, being an
agreement that everyone is subject to the law including the monarch.
Also established right to a free trail, based on common law
The Royal Prerogative is common law, the crown retains some formal powers like giving assent to
Bills, the monarch has given assent to bills for the past 300 years and if it was declined today it would
cause a constitutional crisis
Feature 3 – Conventions
Unwritten traditions that help to ‘OIL THE WHEELS’ of the state enabling the government to run more
smoothly
Example was the 1945 Salisbury Convention whereby the Lords agreed not to deny policies whereby
the Lord’s agreed not to delay or deny policies contained in governing party’s manifesto
Conventions are not protected by anytime more substantial than tradition.
Seen during the 2016 Brexit Campaign, whereby Cameron dropped the convention of collective
ministerial responsibility with ease.
Helped to form the coalition Gov in 2010, after indecisive result of 2010 general election
25M - Codification of the UK constitution is necessary?
Intro – Briefly outline main talking points, codification lead to entrenchment, greater separation of powers and
checks and balances. Uncodified easier to amend, less checks and balance and fusion of powers leads to less
accountability
Para 1 – Advantages of a Codified Constitution
Leads to entrenchment of key values, beliefs and principles – American Bill of Rights, and needs
constitutional amendment to turn over rights. Enhances people rights and liberties.
Greater separation of powers’ enumeration of powers for all 3 branches makes it very clear what they
can and can’t do. Leads to greater accountability, due to system of checks and balances
Leads to more executive scrutiny, legislative can limit president’s powers and vice versa, presidential
veto’s
Also provides the judiciary with more power, as they are better able to defend civil liberties, and
rights as this is set out in the constitution. Provides a single legal framework, from which decisions can
be made, US can declare acts of congress unconstitutional, while UKSC is just simply common law,
which can be overturned by statutes. CASE STUDY – Prisoners voting rights
Para 2 – Disadvantages of a Codified Constitution
Entrenchment is a double edged sword, it can protect civil liberties, and rights however can be
attached further than originally intended. US second amendment, to keep and bare arms, however
slews of mass and school shootings, any attempt to remove gun laws have been met with fierce
opposition. CASE STUDY – Supreme court with DC v Heller 2008, declaring a DC law banning firearms
with a gun lock was overturned. Detrimental to wider society, despite protecting liberties
