The nature and sources of the british constitution

Question 1

E+A 3 different ways in which the British constitution upholds citizens rights

Answer 1

1. statute law
   HRA and the Equalities Act
   such Acts protect citizens from discrimination, etc., but also make the point that being Acts of Parliament they can, in theory at least, be repealed
   Conservative MPs have talked about replacing the HRA with a British bill of rights.
2. courts and in particular the Supreme Court
   relevant rulings showing protection of rights
   only interpret existing laws, and that the UK lacks an embedded set of rights
   Court’s rulings are sometimes unpopular and controversial, e.g. some extradition rulings of terror suspects/hate preachers.
3. ancient documents such as Magna Carta or the Bill of Rights.
   examples such as the right to a fair trial
   neither of these documents was especially focused on protecting the rights of ordinary citizens, but rather
   the rights of barons (Magna Carta) and of Parliament (Bill of Rights). In that sense, while both are important
   steps in the origins and development of the British Constitution, neither properly upholds most citizens’ key
   rights in the modern age, such as the right to vote. Some of their principles, however, such as trial by jury and parliamentary freedom, do make important contributions even today

Question 2

E+A 3 ways in which any two constitutional changes since 1997 have affected the British constitution

Answer 2

1. devolution has affected the unitary nature of the British Constitution.
   UK has traditionally had a unitary structure (Westminster-based) but that devolution to the regions has partially changed that.
   this has created a quasi-federal structure, and that a lot of power and policy-making in key areas such as transport and even some aspects of taxation now lie in Edinburgh, Cardiff and Belfast.
2. FTPA on the prerogative powers of the prime minister
   traditionally, the prime minister could call an early election simply through the formality of asking the monarch to dissolve Parliament, and provide a couple of examples, e.g. 1983
   and 2001.
   this power (that often gave the prime minister a political
   advantage) was removed by the Act, and explain what the new threshold and procedure was for calling an early election.
   Was removed by dissolution act in 2022
3. limitations and impermanence of both measures
   devolution has not been extended to England and the FTPA has been easily overcome both in 2017 and 2019
   both changes can easily be altered in the future. F
   or example, devolution could be repealed (though unlikely) or extended to cover England, by setting up an English parliament or regional assemblies. Equally, it seems very likely that the FTPA will be repealed before the next election is due. It now has been repealed

Question 3

E+A the significance of 3 sources of the constitution

Answer 3

1. works of authority
   Erskine May and the Cabinet Manual and briefly explain one or two key features of each
   these can be overridden or superseded by statute law, but nonetheless are often important in terms of procedures. For example, a parliamentary precedent found in Erskine May was cited by the Speaker Bercow as the reason not to put
   May’s Brexit deal to yet another Commons vote.
2. constitutional statute law
   Representation of the People Acts. For AO2,
   in a parliamentary system statute law is superior to other sources of the Constitution, such as common law or convention, and also that it helps make the Constitution flexible and adaptable.
3. conventions
   define the term, noting that they are unwritten,
   and give a couple of examples such as the Salisbury-Addison Convention.
   a major problem can happen when convention is broken, such as the 1909–11 constitutional crisis, but that if
   followed, they normally help government through Parliament to function more effectively.