1. Evaluate the extent to which rights are effectively protected by the UK
constitutional arrangements - correct answers - Common law (trad, custom and
precedent/judge made) > precedent made by judges protecting rights e.g. murder
vs statute law can 'overturn' these or reform
- Statute Law > HRA 1998 (incorporated ECHR convention) e.g. whole life
sentences deemed breach of article 3 in convention 2013 vs not entrenched so can
be set aside by parli e.g. over terrorism legislation
- Conventions (non-legal rule) > Salisbury Convention protects rights of people in
govt voted in can fulfil its promises from manifesto vs collective responsibility and
whips/patronage = rights not protected??
---weak rights in part due to elective dictatorship
2. Evaluate the extent to which parli is effective in carrying out its various functions
- correct answers - Represent > represent each constituent no matter how voted,
650 roughly equal, hold surgeries etc vs HoL not elected, not demographically rep
e.g. 32% women HoC and problem w/ electoral system/wasted votes e.g. UKIP
- legitimation (as govt draft and legislate) > debate bill at second reading and
committee stage (may propose amendments), 25 acts passed by Parli 2017 vs
legislative committees in HoC is whipped = ineffective, usually govt aligned e.g.
2010 defence committee 5c and 4 ld
- Oversight/ scrutiny (of leg and govt) > HoL can scrutinise leg by proposing
improvements or delaying + expertise, PMQs, vote of no confidence e.g. Callaghan
1979 and 2019 but failed vs HoC too much power as can reject improvements,
, pmqs a media 'event' = not serious, whips/patronage e.g. only 2 consv against Iraq
2003, galloway forced to resign after opposing labour bill 2003
---diff between hol and hoc
3. Evaluate the extent to which the cabinet can act as a check on prime ministerial
power - correct answers - Effectively remove PM from office > e.g. Thatcher,
cabinet ministers resigned due to low poll ratings (poll tax disputes)
- Ministers in charge of large departments, such as the Treasury, have their own
power bases > e.g. Blair-Brown vs can only be utilised when popularity already in
decline
- only 'First among equals' > cannot command absolute power like president can,
needs cabinet to approve and hopefully support vs notion of pms becoming more
presidential w/ short full cabinet meetings generally rubber-stamping decisions
that had been taken elsewhere e.g. 'sofa govt' of Blair, didn't include int
development secretary in talks about Iraq
- Coalition govt >
4. Analyse and evaluate the factors that may undermine judicial neutrality - correct
answers - Process of appointments > Lord Chancellor can reject candidates e.g.
Michael Gove 2015-6 vs not permitted to repeatedly reject names as power
limited by const reform act 2005 which also created independent JAC
- Conservative bias in senior judiciary > mainly male, white upper-middle class and
private school educated, 3/12 women 2019, 70% private schooled 2016 vs
becoming more diverse, number of women had increased from years prior, plus
job/trained to act objectively
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