AQA Government and Politics Chapter 1: The Nature and Sources of the British Constitution (Essay Plans)
Updated 2023/2024
This Resource includes 10 9-Mark Question Plans and 4 25-Mark Question Plans for the 'Nature and Sources of the British Constitution' topic - also including a list of key ...
= Has already Come Up on a previous paper
(Although unlikely to repeat specification points on questions,
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Chapter 1 – The Nature and
Sources of the British
Constitution
(Specimen Paper)
(2022)
(2023)
(2019)
Codified = Constitution where all provisions are written down in a single set of documents
Uncodified = Constitution that is not contained in a single set of documents
Statute Law = Law passed by Houses of Parliament and received Royal Assent
Common Law = Legal precedent resulting from rulings of senior judges (case law)
Conventions = Unwritten rules and procedures facilitating the smooth running of the
constitution
Authoritative Opinions = Views / Definitions regarded as the final word on the issue
Royal Prerogative = Formal powers of the Monarch that is exercised by the PM and
government in the name of the Crown (above Party Politics and play a Ceremonial Role)
Rule of Law = Law is enforced and applied equally to everyone, including the government
Parliamentary Sovereignty = Parliament is the ultimate authority
Individual Rights = Rights that belong to each citizen (e.g., free speech)
Collective Rights = Rights that lie with groups of people (e.g., disabilities)
,“Explain and Analyse three sources / features of the
British Constitution”
1. Derives from Statute Law
- Human Rights Act 1998 incorporates human rights outlined in
the European Convention of Human Rights (ECHR)
- Constitutional Reform Act 2005 established a separate
Supreme Court to replace the Law Lords
- TISB this allows the constitution to remain flexible and
adaptable due to parliamentary sovereignty dictating statute
law
though flexibility isn’t always a positive thing, as Boris
Johnson was able to override the Fixed-Term Parliament Act
with the Early Parliamentary General Election Act of 2019
2. Derives from Conventions – Unwritten Traditions
- 1945 Salisbury-Addison Convention whereby the House of
Lords agreed not to delay any manifesto promises of a party
once elected to government
- TISB these are usually effective and enable government and
political activity to run smoothly
Enabled Cameron to have the first chance at forming a
coalition government after the indecisive 2010 general election
Also prevents gridlock as seen in the USA
3. Derives from Works of Authority
- Walter Bagehot’s “The English Constitution” distinguished
between “dignified” and “efficient” aspects of the Constitution
- More recent additions have been created too – 2010 Cabinet
Manual = a guide to how government + parliament should work
- TISB as they serve as almost a “micro-codified” aspect of the
Constitution – although they have no legal backing and have
not been formally approved by parliament to serve as a
legitimate check on their power
, “Explain and Analyse three key developments /
milestones of the British Constitution before 1900”
1. Magna Carta 1215
- Royal Charter agreed between King John and his Barons,
including the right of all “free men” to justice and a fair trial
- TISB this serves as the first formal attempt to limit the powers
of the monarch and place them under the Rule of Law, inspiring
later documents such as the American Declaration of
Independence
Yet many of its terms were only specific to that period in
history and only 4 out of its 63 clauses remain unrepealed to
this day
2. Bill of Rights 1689
- Frequent parliaments, free elections, and parliamentary
privilege
- TISB this established the dominance of parliament over the
monarchy – the first premiere of parliamentary sovereignty, as
well as parliamentary privilege prevailing to this day
Although the Bill of Rights did nothing to cover the rights of
ordinary men or women in general
3. Act of Settlement 1701
- Follow-up to the Bill of Rights, ensured a Protestant succession
to the throne and laid down the criteria for the British
Monarchy
- Less significant, did virtually nothing to propel Britain towards
its modern democratic state
Hindered any movement towards greater equality and
fairness through limiting the throne to only one religious group
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