This is a full construction of over 30 essay plans that could be asked in the UK government paper 2 Edexcel examination. They are in-depth and contain evidence to back up points.
The Constitution determines where power is located in a state, the rules by which it is
governed, citizen’s rights, and power of government.
- The British one is evolutionary as it has changed over time (no revolution that
overthrew a government).
Development of constitution
- Magna Carta (1215) Monarchy is not above the law + established habeas corpus (no
one can be punished without trial).
- Bill of Rights (1689) Gave legal force “certain ancient laws and liberties” (e.g.
summoning regular parliaments, free elections, free speech in parliament, no tax
without parliament consent).
- Act of Settlement (1701) confirmed the primacy of Parliament over the Crown.
Nature of constitution
Uncodified:
- The Constitution comes from many sources so it is not one single document.
Unentrenched:
- Can easily be altered with a majority vote in parliament (more flexible).
- All laws have equal status.
Unitary:
- Central government has absolute authority (NI, Wales, Scotland all run from London).
- Parliament can reclaim devolved power with acts of parliament.
Twin pillars of constitution
Sources of the UK constitution Counter
Statute law Although statute laws hold the most power.
- Momentous acts of parliament The SC can criticise and question the
contribute to the UK’s uncodified validity of the law.
constitution. E.g. Parliaments Act - E.g. When Johnson tried to
2011 which removed the HoL rights prorogue parliament, he was
of a veto. unsuccessful and told that it was
- It has to be approved by both unlawful to do so in the SC.
houses of parliament and there is no
greater authority than statute law.
Common law They are not the most sovereign piece of
- Refers to judgements made by law, hence they can be ruled out and
judges in important legal cases. changed through a statute law.
- R v R (1991) established the
principle in common law that a - However this is unlikely as common
husband could be guilty of raping his law tends to be placed due to the
wife. Until this case, there was no experience of judges and the
legal safeguard against rape in evolving nature of society which
marriage. differs from the political stance.
Conventions Treaties
- Represents the accustomed way in - Often foreign policies the UK
which political activity is carried out. negotiates with other countries.
, They are not legally binding but - E.g. The Maastricht treaty and the
derive from tradition. Lisbon treaty.
- E.g. Salisbury convention, principle
of collective ministerial However, the EU withdrawal act 2020
responsibility. shows that Parliament retains the right to
repeal treaties.
Constitution NEEDS reform Constitution does NOT needs reform
Outdated and undemocratic: It is flexible and adaptable:
- In 1999 when Blair’s government - In 1997 74% of the people in
introduced legislation to reform the Scotland voted to have power
Upper Chamber (HoL) most of the devolved to that nation.
1330 eligible peers were hereditary - 1998 Scottish Act power was
peers. devolved to Scotland.
- Their right to sit in the HoL derived - Uncodified constitution allows
from their membership of one of the changes to be made with a simple
UK’s aristocratic families. majority in parliament and an act of
- Government kept 92 hereditary parliament.
peers so the reform could pass. - No special procedure is needed to
- Nothing has been done to introduce amend the UK constitution as all
an elected element to the HoL. laws have equal status (country can
- The PM appoints life peers which evolve).
leads to political cronyism as they - A codified constitution makes it hard
appoint political allies. to make changes as the law is
- 2007 Blair cash for honours scandal. entrenched and superior to all other
- Hereditary principle undermines the laws.
democratic legitimacy of HoL.
- We are out of step with other
Western democracies.
SL: undermines representative
democracy.
There is a lack of clarity so power has More democratic as it gives power to
become too concentrated, creating an elected representatives:
elective dictatorship: - 2019 Borris Johnson had an 80 seat
- 2017 Lack of clarity over where majority so he was able to pass his
power lies was shown in the Miller v Brexit bill.
secretary of state case where SC - The lack of constitutional constraints
declared royal prerogative did not allows the executive to be strong,
enable the government to negotiate decisive and effective + respond to
withdrawal from the EU without the will of the people.
parliament consultation. - A codified constitution would make it
- Uncodified constitutions have hard for the government to take
several sources and it is not always action, making it ineffective.
clear which one is more important. - Parliamentary sovereignty is shown
- The powers of the monarch, PM, as parliament is the supreme law
and Parliament are not clear. making body.
- A codified constitution would SL: FPTP allows people to choose
determine the location of who will represent them in
sovereignty. Parliament so they have given their
- Many of the fundamental principles consent for that party to make
, of the UK’s political system exist legislative changes based on their
only in conventions and can be manifesto.
overridden.
- 2018 May took military action
against Syria without consulting
parliament (a convention made by
Blair in 2003)
- Conventions are not statute law so
they have no authority.
People need stronger protection for their Civil liberties are adequately protected:
rights against arbitrary government actions: - 1998 Human Rights Act
- the 2001 Anti Terrorism Crime and incorporated the European
Security Act gave the government Convention into British law.
the legal power to imprison foreign - British citizens now have clear
terrorist suspects indefinitely without statements of their civil liberties
trial (2004 - Belmarsh case ruled which can be enforced in british
said this went against Article 14 of courts (uncodified has just as much
the HRA as foreign suspects were clarity as codified).
treated differently that British ones). - Before people’s rights were
- Uncodified constitution has allowed grounded in statute and case laws
the government to change the so they were not widely known or
relationship between the understood.
government and its citizens by Acts - 2005 Blair government’s attempt to
of Parliament. increase the time a terrorist suspect
- Parliament is sovereign and there is could be imprisoned to 90 days was
no higher power so a judiciary defeated in the HoC by 323 votes.
cannot claim these are - 49 Labour MPs voted against their
unconstitutional when they are (no government.
accountability). - Government governs with the
- A government with a large majority consent of Parliament as it is
can easily pass laws, undermining sovereign.
civil liberties. (SL FPTP creates gov - Having a codified constitution would
with a large majority). not necessarily protect people’s
- An entrenched Bill of Rights would rights more.
protect rights better than the 1998
HRA that can be changed as it
would represent a higher law.
SL: 2017 Liberty challenged the
legality of the Investigatory Powers
Act and argued it is illegal to access
people’s private info (gov is acting
ultra vires).
Use this plan for a question about making the constitution codified/entrenched but DO NOT
USE THE OUTDATED AND UNDEMOCRATIC ARGUMENT use this:
Reforming the constitution has an educative value that would make people more engaged
in politics:
- 2001 general election had a 59% turnout + 2011 AV referendum had 42% turnout.
- Shows our uncodified constitution is too complicated for people to understand,
cauising a participation crisis that undermines democracy.
- A codified constitution would establish how the government works in one
, document, making it easier for people to comprehend the political system.
1997 Blair’s New Labour were committed to constitutional reforms that allowed for
decentralisation, democratisation, transparency, and rights protection.
- HRA 1998
- HoL Reform 1999/2014
- Supreme court 2005
- Devolution 1998 (scotland, wales, NI)
- Equality act 2010
- Fixed term parliament act 2011
- Withdrawal from EU bill 2019
Constitutional reforms since 1997 HAVE Constitutional reforms since 1997 have
been successful NOT been successful
Constitutional reforms have successfully Constitutional reforms have not successfully
decentralised power through devolution: decentralised power:
- 1997 referendum held in Scotland - the 2011 Fixed Term Parliament Act
and Wales to decide if power should ensured an election would be held
be devolved to those regions every 5 years and attempted to
(Scotland voted 74% in favour). make it more difficult for the PM to
- Scottish Parliament and Welsh call a snap election.
assembly set up as a result. - 2017 May was still able to call a
- Electoral reform was seen with the snap election easily as it was ratified
introduction of AMS and STV in by a majority of 522.
these regions, encouraging voter - It may have taken away a royal
choice and fair balance of influence. prerogative power but this reform
- Establishing new legislatures and made minimal difference.
executives in Edinburgh, Cardiff,
and Belfast ensures policies are
more suited to the needs of their
own people.
- Eg. Scotland had no uni tuition fees
and 16/17 year olds can vote in local
council elections.
- 2012 Scotland Act gave Scotland
the power to set its own rate of
income tax.
Constitutional reforms have successfully Constitutional reforms have not increased
increased democratisation and democracy:
transparency: - 1999 when Blair’s government
- 2005 Constitutional Reform Act introduced legislation to reform the
established a SC to end the HoL’s Upper Chamber (HoL) most of the
judicial function through law lords. 1330 eligible peers were hereditary
- Judicial Appointment Committee peers.
makes appointment of judges more - Their right to sit in the HoL derived
transparent by making from their membership of one of the
recommendations to the justice UK’s aristocratic families.
secretary. - Government kept 92 hereditary
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