Evaluate the view that the UK's Constitution requires major change.

Question 1

Introduction - Themes

Answer 1

• Human Rights
• Flexibility
• Executive Power

Question 2

Introduction - Argument

Answer 2

The UK is not in need of major constitutional change as the current form of the Constitution sufficiently fits British politics and protect the citizens within the system

Question 3

Disagree - Human Rights - Point

UK Politics

Answer 3

Prehaps the biggest argument for a codified constitution is the need for stronger safeguards for individuals and minority rights. The absense of any entreched constitution means human rights are part of government legislation

Question 4

Disagree - Human Rights - Examples

Answer 4

• The UK adopted the European Convention of Human Rights, but this remained weak in that it can be overridden by Parliament
• The ECHR ruled in favour of John Hurst, meaning the fact prisoners did not have the right to vote was a violation of human rights, however, the government simply disregarded the result

Question 5

Agree - Human Rights - Point

Answer 5

The Conservative government since leaving the EU have work towards introducing more secure rights into the UK

Question 6

Agree - Human Rights - Examples

Answer 6

• The British Bill of Rights which was highly controversial has been dropped by Rishi Sunak after the resignation of Justice Secretary Dominic Raab
• The Supreme Court also acts as an important check, the case of R v Prime Minister over Johnson proroguing Parliament is a good example of this

Question 7

Disagree - Flexibility - Point

Answer 7

The flexibility of the current ‘constitution’ leaves it susceptible to irrational changes and provides reasoning for major changes

Question 8

Disagree - Flexibility - Examples

Answer 8

• The UK, along with New Zealand and Israel, are the only three democratic countries which operate without any sort of codified constitution
• Amendments in the UK are incredibly easy and only a simple Act of Parliament is needed to alter the Constitution

Question 9

Agree - Flexibility - Point

Answer 9

Supporters of the current arrangement say that the flexibility is a positive quality. The Constitution can adapt to a changing world without major upheaval

Question 10

Agree - Flexibility - Examples

Answer 10

• After 9/11, the threat of international terrorism had become more prominent. The lack of a codified constitution meant that Parliament could do as it wished and was able to introduce the Anti-Terrorism, Crime and Security Act by the end of 2001
• When Covid posed a threat to national health, Parliament was able to swiftly introduce the Covid Act

Question 11

Disagree - Executive Power - Point

Answer 11

Those in favour argue that it is necessary because of Parliamentary sovereignty. They argue that Parliament has no real checks or balances

Question 12

Disagree - Executive Power - Examples

Answer 12

• Many of the Prime Minister’s powers are granted by Constitutional conventions, meaningly they are not written. This includes the PM’s power to appoint and dismiss ministers.
• When a party has a large majority, as the Conservatives do now with their 80 seat majority, it is incredibly difficult to be checked

Question 13

Agree - Executive Power - Point

Answer 13

Supporters of the current uncodified Constitution argue that it is better to have a government that can deal with problems without too much inhibition. The flexible realtionship between Parliament and the Government helps to promote more effective governance

Question 14

Agree - Executive Power - Examples

Answer 14

• There are checks and balances that make sure the government does not overstep. When Boris Jognson lost favourability, signalled by the Vote of No Confidence, he was forced to resign
• Rishi Sunak has been able to pass social and economic legislation to help with the impact of the Cost of Living crisis