1. The Constitution

Question 1

codified vs uncodified constitution

Answer 1

codified: written in a single document
uncodified: formed of a variety of sources - laws & conventions

Question 2

advantages of uncodified constitution + case study

Answer 2

flexible, easily and quickly amended (unentrenched), political revolutions are less likely

example: US 2nd Amendment - right to arms is gridlocked in Congress, as a result 656 mass shootings in 2023
vs
Dunblane gun attack 1996, govt passes Firearms Act 1997, banning firearms

Question 3

Parliament Acts & consequences

Answer 3

1911: removed HoL’s power to reject money bills, removed veto power to 2-year delay

1949: HoL can only delay bill for 1 year

• more power to democratically elected representatives, makes check of HoL very weak (elective dictatorship), HoC dominates
• PA only used 4 times - Lords will behave in a pre-emptive way & accept bills to stay relevant

Question 4

sources of the UK Constitution (SCCREW)

Answer 4

Statute law
Common law
Conventions
Royal prerogative
External works
Works of authority

Question 5

statute law

Answer 5

• aka Act of Parliament, enforcable in courts
• Doctrine of Implied Repeal

Question 6

common law

Answer 6

• not written by Parliament, “secondary” e.g. murder
• made by judges, “case law”
• judges interpret language of statute law

Question 7

Salisbury Convention

Answer 7

HoL should not oppose legislation that is in the governing party’s manifesto

Question 8

Sewel Convention

Answer 8

Westminster should not legislate on devolved matter without consulting the devolved assemblies

• 2018 Withdrawal Act enacted without Scottish Parliament’s consent

Question 9

Parliamentary Convention on Military Action

Answer 9

2013: David Cameron asked Parliament for vote on UK military action in Syria, respected “against”

2024: Rishi Sunak ordered military strikes on Houthi targets in Yemen without vote - Parliament consulted after through statement & debate - accountability

Question 10

royal prerogative

Answer 10

appoint & remove MPs, prorogue Parliament, order military action, sign treaties, appoint HoL members

Question 11

external works

Answer 11

UN, NATO, IMF, EU law (before Brexit)

Question 12

2023 Retained EU Law Act

Answer 12

67% EU law incorporated in UK statute, 1800 EU laws changed/repealed

Question 13

works of authority

Answer 13

sources of guidance for practice of government e.g. The English Constitution by Walter Bagehot

Question 14

pillars of the UK constitution

Answer 14

Parliamentary sovereignty
Rule of law
Constitutional Monarchy
Fusion of powers
Unitary state

Question 15

rule of law in effect

Answer 15

2022 Partygate: BoJo becomes first serving PM to be officially interviewed by police, was issued a fixed penalty notice
- was held accountable under normal legal processes - no one is above the law

Question 16

challenges to rule of law

Answer 16

• Parliamentary privilege protects MPs from civil/criminal liability for actions/statements in legislative duties
• exclusive cognisance means courts cannot intervene if MPs behave unlawfully inside Parliament
• creates “protected space” where MPS are above normal legal scrutiny, undermines equality before the law (for nation’s bests interests)

Question 17

Bagehot’s POV on constitutional monarchy

Answer 17

• monarchy is the “dignified” part to “inspire reverence in the people”
• government is the “efficient” part

Question 18

Republican POV on constitutional monarchy

Answer 18

• monarchy undermines democracy by preserving inherited privilege
• true legitimacy comes only from elections and equality

Question 19

fusion of powers

Answer 19

• executive (government) and legislative (Parliament) are intertwined
• PM is de facto head of legislative
• executive dominates Parliament if they have a majority - weakens scrutiny, “elective dictatorship”

Question 20

judiciary & Constitutional Reform Act 2005

Answer 20

pre 2005: judiciary sat in Parliament as Law Lords, Lord Chancellor was a member of Cabinet

after 2005: UK Supreme Court created, judges cannot legislate, have power of judicial review and stiking down unlawful decisions (but not Acts of Parliament due to par. sov.)

Question 21

unitary state

Answer 21

• Parliament is sovereign - Scottish Parliament, Senedd, NI Assembly exist because of Acts of Parliament, no guaranteed independence
• overdependence on Westminster, power can be abused (defying Sewel Convention)
• BUT devolution made UK more quasi-federal

Question 22

Illegal Immigration Act 2023

Answer 22

• detain & deport illegal immigrants, discriminates people based on their mode of arrival, no right to appeal
• potentially violates ECHR

Question 23

Prorogation of Parliament 2019

Answer 23

• Boris Johnson sought to suspend Parliament for 5 weeks to limit Parliamentary scrutiny of his no-deal Brexit strategy
• undermines Parliamentary sovereignty
• Supreme Court declared it unlawful & of no effect
• not even PM BoJo is above the law

Question 24

devolution referendum results

Answer 24

• 1997 Scottish Referendum: 74% yes - Scotland Act 1998
• 1997 Welsh Referendum: 51% yes - Government of Wales Act 1998
• 1998 Northern Irish Referendum: 71% yes - Good Friday Agreement & NI Act 1998
• 1998 London Referendum: 72% yes - Greater London Authority Act 1999 - London Assembly & Mayor of London

Question 25

1997 New Labour majority

Answer 25

179 seats in Commons - largest since 1924, strong madate

Question 26

Democratisation under Labour (1997–2010)

Answer 26

- House of Lords Act 1999 removed all but 92 hereditary peers, made chamber more merit-based (Life Peers) - Lords remained unelected & powerful - AMS in Scotland & Wales, STV in NI, SV for London Mayoral elections - encouraged pluralism & proportionality - Westminster FPTP unchanged, core democratic deficit remained

Question 27

Devolution under Labour (1997–2010)

Answer 27

- Scotland Act 1998: Scottish Parliament, powers over education, health, justice, eventually income tax - Government of Wales Act 1998: Welsh Assembly with admin powers (no primary legislation) - Northern Ireland Act 1998: power sharing Assembly as part of the Good Friday Agreement - Greater London Authority Act 1999: Mayor of London, London Assembly - regional accountability - asymmetrical devolution, did not solve West Lothian question, no English Parliament - democratic imbalance, England underrepresented

Question 28

Rights under Labour (1997–2010)

Answer 28

- Human Rights Act 1998 incorporated ECHR into statute law, citizens can enforce rights domestically e.g. 2004 Belmarsh Case - courts could issue Declarations of Incompatibility - Equality Act 2010 under Borwn consolidated earlier anti-discrimination laws - Freedom of Information Act 2000 - right to request information from public bodies - BUT rights not entrenched (ParSov), HRA can be repealed

Question 29

Modernisation under Labour (1997–2010)

Answer 29

- promised a wholly elected HoL - HoL Act 1999 removed all but 92 hereditary peers - Prime Minister's Questions made executve more directly accountable, central democratic ritual BUT "Punch & Judy" political theatre - Westminster Hall debates 1999 - parallel debate chamber for non legislative business, reduced pressure on HoC time - family friendly sitting hours - more demographics represented - Constitutional Reform Act 2005 - Supreme Court, Judicial Appointments Commision

Question 30

Democratisation under the Coalition (2010–15)

Answer 30

- Fixed-Term Parliaments Act 2011: guaranteed elections every 5 years, early election is 2/3 HoC agree, or no-confidence & no alternative government confirmed within 14 days - repealed in 2022 - Recall of MPs Act 2015: allows constituents to petition for by-election after MP misconduct - promoted accountability, but strict thresholds (10% signatures + MP suspension), can't suspend MPs for poor performance - Lobbying Act 2014: all lobbyists must be on a register, spending on political campaigns over £20k must be registered - increases political transparency

Question 31

Greensill Capital lobbying scandal 2021

Answer 31

- David Cameron privately lobbied senior ministers & civil servants on behalf of Greensill Capital for access to COVID loan schemes - Lobbying Act 2014 only requires consultant lobbyists to register, not in-house lobbyists - informal networks can bypass lobbying rules

Question 32

Devolution under the Coalition (2010–15)

Answer 32

- Scotland Act 2012: Scottish Parliament can change income tax by 10p, borrow up to £5b - Wales Act 2014

Question 33

2011 & 2012 Referendums

Answer 33

Welsh Devolution Referendum 2011: 63.5% YES, 36.6% turnout Scottish Independence Referendum 2014: 55.3% NO, 85% turnout