Topic 6: The Nature and Sources of the British Constitution

Question 1

1. Explain and analyse three sources of the British constitution:

Answer 1

1. Statute law – Parliament Acts - HRA 1998 - ECHR in law (rooghts protection)
2. Common law – R v R 1991 made marital rape illegal
3. Constitutional conventions – monarch gives royal assent to bills ( tradition )

Question 2

2. Explain and analyse three constitutional reforms introduced since 1997:

Answer 2

1. Devolution (1998) – The Scotland Act (1998), Wales Act (1998), and Northern Ireland Act (1998) established devolved governments with powers over areas like education and health in Scotland, Wales, and Northern Ireland.
2. Human Rights Act (1998) – ECHR into UK law, allowing UK courts to hear human rights cases without going to the European Court of Human Rights. In Strasbourg
3. House of Lords Act (1999) – making it more elected and representative. Only 92 hereditary peers remain as most were removed

Question 3

3. Explain and analyse three principles of the UK constitution:

Answer 3

1. Parliamentary sovereignty – Parliament can repeal laws
2. Rule of law – Government is subject to the law, e.g. boris 2019
3. Unitary state – Centralised authority, though challenged by devolution.

Question 4

4. Explain and analyse three strengths of the UK constitution:

Answer 4

1. Flexibility – Easy to adapt, e.g., Fixed-term Parliaments Act repealed in 2022.
2. Parliamentary sovereignty – Ensures democratic legitimacy.
3. Strong institutions – Monarchy, judiciary, and Parliament provide stability.

Question 5

5. Explain and analyse three weaknesses of the UK constitution:

Answer 5

1. Lack of codification – Confusion over conventions (e.g., prorogation in 2019).
2. Centralisation of power – Westminster dominance over devolved regions.
3. outdated practices - hol undemocratic

Question 6

6. Explain and analyse three features of the UK constitution.

Question 7

6. Explain and analyse three features of the UK constitution.

Answer 7

PE1: Uncodified Nature - The UK constitution is not in a single written document. (Statutes, conventions, common law)
A1: flexibility = organic evolution w/o rigid amendment processes. However, = creates uncertainty in times of political crisis, = it can be interpreted differently (miller (scrutiny) v may (royal prerogative 2016)

PE2: Parliamentary Sovereignty = European Union (Withdrawal) Act 2018 reasserted UK parliamentary control over laws post-Brexit.
A2: Parliament can make/unmake any law = it holds ultimate authority. Yet, this can weaken legal safeguards, = shown by the repeal of the Fixed-term Parliaments Act in 2022 by simple majority.

PE3: Rule of Law - Miller v The Prime Minister (2019) ruled that Boris Johnson’s attempt to prorogue Parliament unlawfully limited its ability to scrutinise government.
A3: The judiciary upheld constitutional accountability, = the executive is subject to legal limits. critics argue courts risk going into political territory, undermining the separation of powers.

Question 8

7. Three Sources of the UK Constitution

Answer 8

PE1: Statute Law - Human Rights Act 1998 - UK courts to enforce rights based on the ECHR.
A1: Statutes form the most authoritative source. ≠ are vulnerable to repeal e.g recent proposals for a British Bill of Rights = weaken existing protections

PE2: Common Law - Miller (2019), courts determined the limits of royal prerogative powers.
A2: Common law helps interpret constitutional conventions. It is flexible, but its reliance on judicial discretion can cause inconsistency and lead to accusations of judicial activism.

PE3: Conventions - PM is conventionally the leader of the majority party in the House of Commons.
A3: non-binding, can be ignored

Question 9

8. Three Principles of the UK Constitution