Exam question feedback – The Constitution

Stimulus Exam Question (May 2010)

Question 1

a) With reference to the source, describe three sources of the UK constitution.
1 mark for each source identified; common law, conventions, case law, historical documents, acts of parliament, European treaties
2 additional marks for at least two sources being described or explained.

1          2          3          4          5

b) With reference to the source, and your own knowledge, explain the arguments in favour of a codified constitution for the UK.
Indicative Content

• Bringing us into line with other democracies
• Help people to understand what their rights are
• To reduce disillusionment with politics citizenship etc.)
• It could put limits on the power of the executive
• Explaining what limits on the power of the executive means
• Codification would probably entrench people’s rights
• Codification would entrench other reforms such as devolution

c) Make out a case against the adoption of a codified constitution for the UK.

Indicative Content

• It has served us well for centuries, no need for change.
• It would be extremely difficult and take a long time to establish constitutional rules, could a consensus ever be found?
• The great strength of the constitution is flexibility – we would lose this. Unable to respond quickly and effectively to change.
• Conservative argument that constitution is organic and should not be an artificial creation – should continue to develop naturally, it has worked in the past and therefore should continue to work in the future.
• A codified constitution would put too much power in the hand of the unelected Judiciary and this is undesirable.

Essay Exam Question (January 2010)

‘The advantages of a codified constitution now outweigh its disadvantages’. Discuss.

Indicative Content

The advantages of a codified constitution include :

• There has been a drift to excessive executive power which could be checked by a codified, entrenched constitution (though there is no guarantee of this). This would be an opportunity to introduce checks and balances.
• Rights are not adequately protected.
• It may be that disengagement with politics has something to do with lack of understanding of the political system so a codified document would have an educative and citizenship function.
• Britain needs to be brought into line with other modern systems.
• The current system is too flexible and so allows too much for the exercise of arbitrary power.

The counter-arguments include :

• A conservative view that the current arrangement works and is stable so there is no need for change.
• A further conservative view that the constitution is organic and should be allowed to evolve naturally.
• A codified constitution would become judiciable and so could be re-interpreted by unelected and unrepresentative judges (as in the USA).
• We would replace flexibility and adaptability with rigidity.
• It would be excessively difficult to achieve a consensus for what would be contained in a codified constitution.

Appropriate use of illustrations and examples are included in this assessment objective