Politics AS 40 Mark Questions

"The UK Consitution is no longer fit for purpose." Discuss

(40 Marks)

Criticisms:

• Does not conform to the modern democratic world
• Flexible (Too much opportunity for a drift towards executive power)
• Parliamentary sovereignty
• Prerogative powers are undemocratic
• Loss of public confidence in politics

Strengths:

• Flexibility (Can adapt to circumstances)
• Strong, decisive government
• Effective (empiricism)
• Unknown consequences of changing the constitution

Is the judiciary too powerful, or is not powerful enough?

(40 Marks)

Powers:

• The Human Rights Act
• Judicial Review
• Able to thwart government
• Independence

Limits:

• Parliamentary sovereignty
• Cannot make judgements beyond the jurisidiction of the law
• No power to review legislation critically unless a judicial review is claimed.

To what extent does Parliament control executive power?

(40 Marks)

Weak:

• Government usually has an overall majority
• Party patronage (MPs are loyal and docile, defying party leadership can be seen as a betrayal of the mandate)
• Whips
• Lack of research and back-up that the government may have
• Collective responsibility
• Individual ministerial responsibility is weak
• House of Lords lacks democratic legitimacy
• Lack of checks and balances

Strengths:

• Select committees can remain independent and can scrutinise effectively
• Parliament has a veto on legislation and has used it
• House of Lords is increasingly effective
• Vote of No Confidence

How effectively can the judiciary protect civil liberties in Britain?

(40 Marks)

Effectively:

• Enforcing rule of law
• Hearing cases of discrimination
• Upholding ECHR
• Taking cases to ECHR
• Judicial review cases
• Expressing views that may influence government and parliament
• Preserving independence
• Belmarsh and Afghan Hijack Case

Not effectively:

• HR Act is not binding on Parliament
• Judges must be proactive
• Lack of entrenched constitution
• Government has influence over appointment of judges
• DNA Database, ID Cards

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

(40 Marks)

Advantages:

• A codified, entrenched constitution could check executive power
• Rights will be protected
• Educative and citizenship functions
• Less flexible
• Modernising

Disadvantages:

• The current system works.
• Constitution is organic and should be allowed to evolve naturally
• Judiciable and could be interpreted differently by unelected judges
• Rigidity
• Difficult to achieve a consensus about what should be in the constitution

To what extent does the prime minister dominate the political system in the UK?

(40 marks)

Yes:

• Cabinet has declined. Less cabinet meetings and shorter durations
• Dominant PMs such as Blair and Thatcher
• Growth of the Number 10 'machine'
• Media spokesperson
• Weakness of Parliament
• Dominance of PM in Foreign Affairs

No:

• PMs are only as powerful as circumstances allow them - eg Major, early Brown
• Can depend on personality of the PM
• Can still be overruled by the Cabinet

How effectively can the judiciary control executive and legislative power in the UK?

(40 Marks)