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Paper 2 · 2025 · 30 marks
Using the source, evaluate the view that the UK's constitution is not working effectively.
Constitution
Source
Source 1 presents contrasting perspectives on the effectiveness of the UK's constitution.
The constitution is not working effectively
The huge amount of common law, Acts of Parliament, works of authority, and important but sometimes uncertain unwritten conventions, in the United Kingdom are not easily accessible for all. Furthermore, it has become too easy for governments to implement political and constitutional reforms to suit their own short-term political goals rather than the public interest, and many recent reforms have created more problems than they have solved. The present constitution is out of date, full of references to our ancient past, unsuited to the social and political democracy of the 21st century and the wishes of its people. It fails to give importance to the sovereignty of the people and discourages popular participation in the political process. In particular, the growth of the 'elective dictatorship' means that there are no effective checks on the power of the Executive by Parliament whilst the Supreme Court is unwilling and unable to challenge the government.
The constitution is working effectively
However, the fact that the UK system of government has never been reduced to a single document is an indication of the success of the Westminster system of parliamentary democracy and the stability it has brought to the country. The partially unwritten nature of the constitution is something distinctively British and allows a democratic Parliament to have the power to make or unmake any law. Contrary to claims that the UK constitution is out of date, it is evolutionary and flexible in nature, more easily enabling practical problems to be resolved as they arise, and individual reforms made. Reforms made have been widely accepted and operate successfully. While some are concerned about the supposed existence of an 'elective dictatorship' and inadequate checks and balances in the political system, there is in fact a wide range of considerable pressures exerted upon ministers seeking to make controversial changes.
Mark scheme: agreement
Agreement AO1 The UK’s constitution is not easily accessible to all. AO2 Many basic rules about British government do not at present exist in any legal form at all, but rely instead on unwritten understandings or traditions, most of which only the political elite understands and are inaccessible or unintelligible to ordinary people, AO3 and this discourages popular participation in politics and undermines democracy. AO1 There are no effective checks on the Executive. AO2 Under the unwritten constitution, the policies and actions of the prime minister and Cabinet dominate the whole legal and political system through its party majority in the House of Commons, a weak House of Lords, a neutral Head of State (the King), and the absence of a constitutional court, AO3 and this clearly undermines public faith in democracy and leads to an over mighty Executive. AO1 Many recent reforms have created more problems than they have solved. AO2 Piecemeal codification of disparate parts of the political and constitutional system has been taking place in recent years, but in an informal and disconnected way, AO3 leading to a growing number of constitutional issues and a disjointed political system. AO1 Unsuited to the social and political democracy of the 21st century. AO2 The unelected Head of state, an unelected House of Lords and a disproportionate electoral systems are not fit for a modern democracy, AO3 leaving the UK stuck in the past and out of touch.
Mark scheme: disagreement
Disagreement AO1 It is evolutionary and flexible in nature. AO2 Where greater clarity over the United Kingdom's political rules is required, reforms are made. Thus there is a Ministerial Code and there is now a judicially enforced code of civil rights and freedoms in the Human Rights Act. AO3 This approach allows for each individual issue to be addressed and considered fully on its own merits, and it allows for the creation of particular enforcement mechanisms best suited to the particular constitutional rule or rules being addressed. AO1 There is in fact a wide range of considerable pressures exerted upon ministers. AO2 These pressures come from the Opposition in the House of Commons, dissent from the government's own backbench Members in the House of Commons, the scrutiny procedures and cross-examination of the departmental select committees, Judicial Review, the ability of the House of Lords to postpone and hold up legislation of which it disapproves, and the need for co- operation on certain matters from Scottish, Welsh or Northern Ireland regional governments, as well as the glare of a critical mass media and the need to court public opinion to avoid the threat of being voted out of office at the next general election, AO3 so it is clear that there are enough checks and balances in the current constitution. AO1 The nature of the UK constitution is an indication of the success of the Westminster system of parliamentary democracy and the stability it has brought to the country. AO2 The British system of government and its unwritten constitution works well in its present form, AO3 and 'if it ain't broke, don't fix it'. AO1 It allows a democratic Parliament to have the power to make or unmake any law. AO2 Elected politicians have the final say on what is and what is not the law rather than an unelected and unaccountable judiciary, AO3 ensuring parliamentary sovereignty remains central to UK democracy.
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