Exam (elaborations)
UK Constitution
- Institution
- AQA
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Constitution :1. Explain and analyse the significance of three sources of the British constitution
(SAM)
P: Statute Law E- 1911 Parliaments Act-which removed from the House of Lords the power
to veto a Bill, except one to extend the lifetime of a Parliament. Instead, the Lords could
delay a Bill by up to two years E: easily amenable A: flexible - up to date
P:Works of Authority - E: A.V Dicey: parliamentary sovereignty and rule of law = 'twin pillars
of constitution' E: helps organise and reveals the workings of the UK parliament's
Constitutional principles, ideas and conventions are also articulated in authoritative works A:
sig bc they are written by experts with great understanding
P: Conventions - E: “Salisbury Convention '' in the Lords, which is that the Lords will not
oppose the second or third reading of any Government legislation promised in its election
manifesto E:not legally binding but have political consequences. Challenged conv isn't a
conven A: ensure that the constitution operates in accordance with prevailing constitutional
value
2. Explain and analyse three sources of the British constitution.
P: Statute law - legislation made and passed in parliament, E. fixed term parliament 2011,
Human rights act 1998, Freedom of information act 2001. E: important because the laws are
proposed and passed by elected representatives, A this makes elements of the constitution
democratic
P: Common law - this law is derived from custom and precedent since the 12th century,
important in establishing the most basic yet integral rules e.g. substantive rules: the offence
of murder, and procedural rules/rights. E: law ruled on by judges from the judicial branch of
government, A: have to adhere to stare decisis -
P Authoritative works - pieces of work written by philosophers, historians and political
scientists (constitutional theorists), each authoritative work is extremely important in guiding
the constitution e.g. Walter Bagehot 1800's defined the role of the monarchy, A.V. Dicey
1900's 'rule of law', Magna Carta 1215. E: E: helps organise and reveals the workings of the
UK parliaments Constitutional principles, ideas and conventions are also articulated in
authoritative works A: sig bc they are written by experts with great understanding
3. Explain and analyse three benefits of having an uncodified constitution.
P: Protection of rights in an uncodified constitution E:Gay marriage legalised 2010 under
David Cameron. E: provides ultimate flexibility with regards to our rights. A: can be amended
with simple statute law
P: enables quick response to situations E: Dunblane School Massacre e: in response to this
disaster of 1986, whereby 16 children and a teacher were brutally gunned down; the UK
tightened gun controls via the 1988 act which stated registration for possession of a gun was
necessary, and the ban on various types of guns.
A: USA have written and thus do not have such an efficient systemThe USA need 2/3 of
Congress and 3/4 of states to approve before the constitution can be amended. This is rather
difficult and has been problematic in terms of terror laws
P: enables radical changes such as devolution to occur without years of dispute e: 1997,
Blair stated that devolved powers were to be given to Scotland, NI & Wales.
E:after ref and in manifesto A: enhances democracy as it increases the free will of the people
4. Explain and analyse three reasons why Britain should have a codified
constitution.
,P: prevent the government from enforcing laws which could harm us and our rights
E:Protection of rights HRA 1998 Dominic Raab was attempting with the repeal the Human
Rights Act 1998 E: This is specifically prominent in an elective dictatorship, as the nature of
our FPTP voting system often provides a majority government without a majority vote, which
means the government possesses the power to control the rights of citizens who didn’t even
vote for them.A: This is very damaging and a codified constitution would prevent this taking
place
P: A codified constitution would place checks and balances on the government and stop
ministers, much like Boris Johnson and the partygate incident 2020 e: ,it would place powers
in the hands of the judiciary who are politically impartial E: from evading justice and failing to
take responsibility for their actions. A: democratic
P: Clarity E: bojo proroguing parliament 2019 later ruled unlawful E:confusing A: power of
PM undermining constitution. Easily overridden due to confusing nature
5. Explain and analyse three ways in which the constitutional reforms since 1997
could be argued to have been successful
P: public to scrutinies the policies Increased transparency E: Freedom of Information act
2001 E: asked public bodies to publish and make public some information. Overseen by the
independent information commissioner's office A: successful and signif as it increased
transparency 2006 highly publicised knife amnesty - FOI forced report to be launched into
impact .
P: separation of powers E CRA 2005 E: created a SC and JAC meaning they are appointed
wo any political influence A: success as more political independence and protection against
tyranny of maj and protection of civil liberties
P: democracy enhanced E: House of Lord reform act 1999 E: hereditary peers reduced to
92 they are unelected A: more power to the democratically elected HOC
6. Explain and analyse three features of the devolved system in the UK
P: One key feature of the devolved system in the UK is the transfer of legislative power to the
regional governments. E:the scotland act 1998 E:is the primary legislation that allowed
Scotland to legislate on matters related to health and education, along with other devolved
policy areas such as housing, local government, and the environment. Sig bc The Act
established the Scottish Parliament and granted it legislative powers in these areas, while
reserving certain matters such as defence and foreign affairs to the UK Parliament in
Westminster. A:This allows for greater regional autonomy and enables the regional
governments to tailor policies to the specific needs of their populations.
P: The devolved system in the UK also involves power-sharing arrangements, particularly in
Northern Ireland, where the power-sharing executive was established under the Good Friday
Agreement in 1998. This arrangement involves the sharing of power between unionist and
nationalist parties, reflecting the different communities in Northern Ireland reflect the
asymmetric nature
P: Fiscal autonomy: A third feature of the devolved system in the UK is the transfer of fiscal
autonomy to the regional governments. This means that they have the power to set their own
tax rates and to receive a share of the revenue generated from those taxes. E:The Scotland
Act 2012 gives the Scottish Parliament the power to set its own rates of income tax for
Scottish taxpayers. E: This allows subnational entities to be more accountable for their
decisions.A:
7. Explain and analyse three differences between the powers of the devolved
assemblies in the UK
, Taxation Powers: The Scottish Parliament has been granted the power to set its own income
tax rates in 2012, whereas the in 2014 the Welsh Assembly has the power to introduce
Welsh Rates of Income Tax (WRIT) which allow Welsh government to vary the basic rate of
income tax in Wales. The Northern Ireland Assembly does not currently have powers to set
its own tax rate. Historically, Scotland, Wales, and Northern Ireland have had different
relationships with the central government in Westminster, and have experienced different
levels of autonomy over the years
Law-making Powers: The Scottish Parliament has more extensive law-making powers than
the other two assemblies. The Scotland Act 1998 provides for a broad range of powers to be
devolved to the Scottish Parliament in relation to matters such as education, healthcare,
justice, and the environment. The Welsh Assembly has powers in areas such as agriculture,
housing, transport, and tourism, but these powers are not as extensive as those of the
Scottish Parliament. The Northern Ireland Assembly has similar powers, but some of these
are currently suspended due to political instability.
Health Powers: The powers over healthcare are also different between the three assemblies.
The Scottish Parliament has complete control over health policy and funding, while the
Welsh Assembly has some powers over the organisation of healthcare, but not over funding,
which remains the responsibility of the UK government. The Northern Ireland Assembly has
some control over health policy and funding but this has been impacted by the suspension of
the Assembly.
8. Explain and analyse three options for devolution in England
1. Point: Regional devolution
Evidence: This option involves the creation of regional assemblies or councils with the power
to make decisions on issues such as economic development, transport, and housing. This
approach has already been taken in some areas of England, such as Greater Manchester,
where a directly-elected mayor has been given powers over transport, planning, and skills.
Explain: Regional devolution aims to create more localised decision-making and ensure that
policies are tailored to the needs of specific regions. It can also help to address regional
inequalities and provide greater opportunities for economic growth.
2. Point: Devolution to local authorities
Evidence: This option involves giving more powers and responsibilities to local councils, such
as control over education, health, and social care. This approach has been taken in some
areas of England, such as Cornwall and London, where councils have been given greater
control over local services.
Explain: Devolution to local authorities aims to create more responsive and accountable
decision-making at the local level, as well as reducing bureaucracy and increasing efficiency.
It can also help to ensure that policies are tailored to the needs of local communities.
3. Point: Devolution to city-regions
Evidence: This option involves creating combined authorities or city-regions with the power to
make decisions on issues such as transport, housing, and economic development. This
approach has been taken in some areas of England, such as the West Midlands and Tees
Valley, where elected mayors have been given powers over local services.
Explain: Devolution to city-regions aims to create more strategic decision-making on issues
that affect entire areas, rather than just individual councils. It can also help to increase
accountability and transparency by creating directly-elected mayors who are responsible for
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