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Specification:
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AQA Component 1, Section 3.1.1.1: The nature and sources of the British Constitution
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Component 2, Section 1.1: The nature and sources of the UK Constitution
Background: what you need to know
The article discusses a statement by the UK’s most senior judge, Lady Carr, which touches on the key constitutional principle of the separation of powers. The Lady Chief Justice was responding to criticism of a judicial ruling in an immigration case, made by the Prime Minister and the Leader of the Opposition.
She argued that by challenging the court’s decision, both political leaders were infringing the concept of judicial independence. The article also refers to the Sunak government’s passing of legislation last year, declaring its Rwanda asylum policy safe in contradiction of a Supreme Court ruling.
In response to Lady Carr, the Conservative shadow Home Secretary drew attention to what he regarded as unjustified decisions by judges in a number of human rights cases. A government spokesperson asserted the right of Parliament to make laws and that of the executive to determine policy.
Click the link below to read the article and then answer the questions:
Lady chief justice condemns Starmer and Badenoch over immigration comments
For the controversy over the Rwanda case see this article: Britain’s egregious Rwanda asylum bill
Question in the style of AQA Politics Paper 1
Question in the style of Edexcel Politics Paper 2
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Evaluate the argument that the UK constitution maintains an effective balance between the three branches of government. In your answer you should draw on relevant knowledge and understanding of the study of Component 1: UK politics and core political ideas. You must consider this view and the alternative to this view in a balanced way. [30 marks]
TIP: A relevant Component 1 topic is the working of the First Past the Post electoral system which, as in the 2019 and 2024 general elections, may deliver sizeable government majorities, thus enhancing the power of the executive at the expense of other branches of government.
Graham Goodlad, Portsmouth High School