Constitution
9 Markers
Explain and analyse 3 ways how parliamentary sovereignty is upheld in
British constitution
Enactment of laws: Parliament power to create, amend, and repeal any law, without restriction.
o 2018, Parliament passed Data Protection Act, sets out rules for processing of personal data
+incorporates EU's General Data Protection Regulation (GDPR) into UK law- law was created
by Parliament, and once passed, became binding on all other bodies
o Parliament can create, amend or repeal any law, including constitutional laws, without any
restriction. The process of enacting laws is subject to certain constitutional requirements,
such as the requirement for the Queen's assent and the requirement for the House of Lords
to approve certain types of legislation, but ultimately, it is Parliament that has the final say
over the content of the law.
Supremacy of parliamentary decisions: Parliamentary decisions cannot be challenged or
overruled by any other body, including the judiciary.
o 2019 case of R (Miller) v The Prime Minister, Supreme Court held prorogation of Parliament
by Prime Minister was unlawful- frustrated or prevented the ability of Parliament to carry
out its constitutional functions without reasonable justification. However, the Supreme
Court was clear that its decision did not imply that the courts have the power to overrule
Parliament, and that the role of the courts is to uphold the law as made by Parliament.
o This principle was reaffirmed in the 2005 case of R (Jackson) v Attorney General, in which
the House of Lords held that there is no constitutional principle of judicial review of primary
legislation + Tony Nicklinson case
Dicey- An Introduction to the Study of the Law of the Constitution- conventions such as King
cannot veto any bill passed by 2 houses of Parliament + parliamentary sovereignty
No Parliament can bind its successor – EU law 1972 withdrawal 2020, FTPA 2011, 2019 Early
Parliamentary General Elections Act, 2022 Dissolution and Calling of Parliament Act (2022
1. Parliamentary sovereignty upheld through conventions
2. Parliamentary sovereignty upheld through legislative supremacy
3. Parliamentary sovereignty upheld through the fact that no parliament can bind its successor
Explain and analyse three ways in which rights are protected in UK Politics
1. Human Rights Act 1998: HRA incorporates ECHR into UK law, provides legal framework for
protection of human rights, and establishes that all public authorities in UK must respect human
rights + interpret legislation in way that is compatible with them. Individuals can bring legal
challenges against public authorities if they believe their rights have been violated-protecting
rights such as freedom of expression, freedom from torture, and the right to a fair trial.
a. Can be seen through A and Others v. Secretary of State for Home Department – ruling
that indefinite detention of foreign prisoners at Belmarsh went against ECHR
2. Judicial Review: legal process whereby individuals can challenge decisions/ actions of public
authorities in court to ensure that they act within law and don’t abuse powers- provides an
important mechanism for protecting rights+ allows individuals to challenge decisions that may
infringe upon their rights.
a. 2018- UK Supreme Court ruled government's decision to introduce fees for employment
tribunal claims was unlawful-restricted access to justice+ violated the right to a fair trial.
,3. Parliamentary Scrutiny: crucial role in protecting rights by holding government to account. MPs
and peers can scrutinise government policies and legislation to ensure that they are compatible
with human rights and do not infringe upon individual freedoms.
a. 2020, the UK Parliament's Joint Committee on Human Rights raised concerns about govt.
proposed Internal Market Bill, which could undermine human rights protections in the
UK by allowing ministers to override provisions in the Human Rights Act.
Explain and analyse three ways in which any two constitutional changes
since 1997 affected the British Constitution
1. Fixed Terms Parliaments Act 2011
Removed traditional right for PM to seek dissolution of parliament and call early election by
simply asking monarch permission
Stopped govt. from holding tactical elections which had been happening prior to this – affected
the constitution as rather than having elections at any point- they now had to have one every 5
years or if they got 2/3rds majority
o Largely due to Lib Dem pressure as if Tories were strong at any point 2010-2015 they could
call an election and take the Lib Dems out of coalition
Wasn’t so important – Theresa May able to surpass it with 522-13 votes in 2017
Boris Johnson tried 5 times but then just passed Early Parliamentary General Elections Act 2019
which meant instead of 2/3rds majority – now only needed simple majority – surpassed – 438-
20 votes – 181 Lib Dem/ Labour abstainers
Opposition cannot really say no to a G.E as it makes them look unconfident / weak
1. Freedom of Information Act 2000
FoI led to greater transparency within govt. institutions like the BBC, local councils, police
forces, universities, central govt.
July 2020- September 2020 – 11,042 requests – 86 responded to in time, ¾ answerable, 40%
answered in full, 35% denied in full on grounds of national security, commercial confidentiality
FoI request by BBC for local councils to reveal how many individuals they recorded sleeping
rough at any stage in 2019, infamous MPs expenses scandal in 2009- 5 Labour MPs and 2
Conservative peers were jailed
Highlighted transparency of government and institutions
o Members of public and pressure groups can make requests via Information Commissioner’s
Office for information and data – institution could normally reply to such requests within 20
days – only able to withhold information under certain circumstances
1. Constitutional Reform Act 2005
Changed judicial power from Law Lords in the HoL to independently appointed Supreme Court
justices – created new institutions like Judicial Appointments Committee- further neutralised
and added to impartiality of the judiciary – further separation of powers
Creation of Supreme Court – justices like Lord Neuberger 2013 criticised govt.
1. HoL Reform Act 1999
Removed all but 92 hereditary peers, more nominated life peers- didn’t allow for elected Lords
Modernisation of House of Lords - HoL traditionally consistent with Hereditary peers, but this
has dramatically reduced- e.g House of Lords reform Act 1999 - modernised house of lords and
a majority composition of life peers- quelled partially issues of hereditary peers - seen as
archaic in a meritocratic society but limitations of Lords measure confirmed with the failure of
Hol reform bill 2012 , which would have made lords a mostly elected body
Explain and analyse the significance of three sources of the British
Constitution.
1. Statute Law
Statute law refers to Acts of Parliament which change the constitution exemplified by the
Equality Act 2010, Justice Act 2010 or the HRA 1998 which introduced ECHR into the UK
constitution, Constitutional Reform Act 2005- all these acts of Parliament change the way in
, which the country is run – executive enforces statute and legislative has to ensure that all
legislation respects the HRA 1998, Fixed Term Parliaments Act 2011 dictated general elections
could not be called tactically as they had previously been by governments
Allows constitution to be flexible and adaptable and this is reinforced by the fact that in a
parliamentary system statue law is superior to other sources
1. Conventions
Refers to long-standing norms of constitutional behaviour – while not legally enforceable it is
morally enforceable meaning people don’t go against the convention – Salisbury Convention
1945- HoL wouldn’t block bills after 2 nd or 3rd reading or govt. manifesto bills, Royal Assent –
convention since 1707 Scottish Militia Bill – monarchy doesn’t block will of Parliament
2011 Cabinet Office Manual- brought together many of these conventions in single document-
adding another codified source to UK Constitution
Despite no legal backing and superseded by state law, they are nonetheless important in terms
of procedure and enable smooth running of government
1. Authoritative Works
Longstanding authoritative legal texts – Erskine May Treatise on Law, Walter Bagehot The
English Constitution, Magna Carta, Dicey - twin pillars of the British Constitution,
parliamentary sovereignty + rule of law used as reference points by politicians to understand
and explain constitution eluded to by John Bercow March 2019 - to prevent PM Theresa May
from bringing Brexit Withdrawal deal before the commons for a 3 rd time in 1 session
1. Common Law
Legal principles developed and applied by judges-requires judicial reviews to establish meaning
of other laws+ process of judicial rulings creating legal precedent. With common law, system of
laws created based on customs and court's decision NOT on written laws made by parliament.
Statutory law refers to law that is framed by competent legislation - statute whereas, common
law refers to legal principles evolved through court decisions and made by sitting judges who
apply and establish principles.
Statutory law is known as codified law or legislation whereas common law is known as case
law. This is significant to the British constitution because it ensures to place an emphasis on
precedent while allowing some freedom for interpretation.
Al Rawi v Security Service (2010) – gov wanted to use ‘closed material procedure’ where ev
only shown to judge and not other side, SC said it would undermine CL, parliament passed
Justice and Security Act (2010) to allow it.
Another source in the
British constitution is the
common law. This is where
the legal principles
are developed and applied
by judges. Common law
, requires judicial reviews to
establish the
meaning of other laws.
Also, this is the process of
judicial rulings which
create legal precedent.
With common law the
system of laws is created
based on the customs and
the court's decision
rather than on written laws
made by parliament. The
difference is that statutory
law refers to
that law that is framed by
competent legislation in
the form of a statute
whereas,
