Article

Exam Plan

Wednesday, 11 February 2026

Info

Different format - might be better to work with? I didn’t provide any explicit example cases.

Note

Potentially useful case: Birmingham City Pay Dispute Gender discrimination, cost the council £250,000,000.

1. Explain and analyse three features of the British constitution

1) Parliamentary sovereignty

  • Example: Parliament can pass laws on any issue, and no court can overturn an Act of Parliament.
  • AO2: Creates strong and decisive government - but risks rights being removed easily (e.g. Police, Crime, Sentencing and Courts Act limiting protest rights).

Effect

2) Uncodified constitution

  • Example: Constitution is spread across statutes (Acts of Parliament), conventions, and authoritative works (texts/books).
  • AO2: Flexible and easy to update - but unclear and hard for citizens to understand their rights.

Note

Conventions/authoritative works do not necessarily hold any legal signnificance.

Significance

3) Unitary state

  • Example: Westminster is the sole power - it can override devolved bodies (e.g. devolved powers ultimately rest with Parliament).
  • AO2: Ensures national unity and consistency - but limits regional autonomy and can fuel tensions (e.g. Scotland).

Effect

2. Explain and analyse the significance of three sources of the UK constitution

Warning

Precedent (common law) and Royal Prerogative (common law) are both two other options. Beware of using both the common laws or conventions and authoritative works. Both of their effect/significance are the same.

Note

The Miller case is a good example for common law (precedent).

1) Statute law (Acts of Parliament)

Note

Useful to mention: Produced by parliament (supreme law-making body - mention parliamentary sovereignty), clear and authoritative.

  • Example: Parliament Act; laws requiring elections at least every 5 years.
  • AO2: Clear and authoritative source - but can be changed quickly by a government with a majority.

Significance

2) Conventions

  • Example: Monarch invites leader of the largest party to become Prime Minister.
  • AO2: Allows flexibility and smooth government operation - but not legally enforceable if ignored.

Significance

3) Authoritative works

  • Example: Books by respected academics on parliamentary rules.
  • AO2: Helps interpret unclear constitutional rules - but lacks democratic legitimacy and legal force.

Significance

3. Explain and analyse three elements of the principle of parliamentary sovereignty

1) Parliament is the supreme law-making body

Note

This is a principle of parliamentary sovereignty because parliament cannot be sovereign with an overarching/controlling body. An example of this was the European Union - it limited what parliament could/couldn’t do. Another effect of this is that it makes the constitution flexible.

  • Example: Parliament can legislate on any issue, including rights and freedoms.
  • AO2: Enables rapid response to crises - but weak protection of civil liberties.

Effect

2) No Parliament can bind its successors

as in bind to law, it is the supreme law-making body.

Note

This is a principle of parliamentary sovereignty because past parliament cannot constrain future parliament. An example of attempting to limit this the Human Rights Act 1998 which permits judges to declare the act as incompatible - this is a tool for political pressure. Another example of this is that one Government joined the EU, another left the EU.

  • Example: A future Parliament can repeal or amend any previous Act.
  • AO2: Maintains democratic accountability - but creates instability and uncertainty in long-term policy.

Effect

3) Courts cannot overrule Parliament

This is a principle of parliamentary sovereignty because parliament is the highest law.

  • Example: Judges must apply Acts of Parliament, even if controversial.
  • AO2: Preserves democratic authority - but limits judicial protection of rights compared to codified systems.

Effect

4. Explain and analyse three different ways in which the British constitution upholds citizens’ rights

Note

Example legislations: Human Rights Act 1998, Equalities Act 2010 Usage of the Human Rights Act 1998 as an example: The Human Rights Act allows judges to put pressure on Parliament by declaring incompatibility, however it is of no consequence. Usage of the Equalities Act 2010 as an example: The Equalities Act demonstrates how parliament can amend its own bills - demonstrating the flexibility of the constitution.

1) Rule of law

Note

This empowers the judiciary - they decide how it is applied.

  • Example: Everyone is equal before the law; government actions must follow legal procedures.
  • AO2: Protects against arbitrary state power - but has been eroded (e.g. reduced jury trials, double jeopardy changes).

Writing

I really like the words in this AO2 - they are sharp and clear. arbitrary - random. eroded - reduced.

Significance

2) Statute-based rights

  • Example: Rights created through Acts of Parliament.
  • AO2: Democratically legitimate - but insecure, as Parliament can remove them.

Significance

3) Independent judiciary

  • Example: Judges apply the law impartially, including against the government.
  • AO2: Provides accountability and fairness - but cannot strike down Acts of Parliament.

Significance