(Original post by EconDal)
Can someone help with this short course work question?
The introduction of a written constitution into the United Kingdom would be relatively straightforward legislative task; the Executive would initiate, the Legislature would entrench, and the courts would enforce and protect. Discuss.
First question: what level is your course, A-level or 1st/ 2nd year university. Higher levels require more and lower levels, less.
"The introduction of a written constitution into the United Kingdom would be relatively straightforward legislative task"
The question asks you about the UK's Constitution, but does not refer to its sources. It does not ask you to refer to other country's constitutions, so my advice is stick to the main terms of the question. Keep referring your question to the UK's unwritten constitution when considering the prospect of an unwritten constitution. You do not have the word space to discuss everything.
First explain what a constitution is briefly and concisely, outlining the role of the Executive (ie the Prime Minister) in terms of initiating. A constitution is used to separate the powers of government and protecting citizens from dictators, based on the rule of law (no power without legal authority). How would a written constitution be initiated? The question suggest the executive initiates it? Is this true, if so to what extent? Well the executive could start it as government Bill by raising the matter in Parliament or do it through a royal prerogative (acquired from ancient rights of the Queen). Could it be initiated in any other way? What about Parliament MPs introducing a Bill of their own?
Next, is the legislature's entrenchment, ie Parliament. Mention what is entrenchment briefly. It means something that is very secure. So which devices are secure enough to entrench? If they use a statute (parliament act) it will be more secure, as primary legislation passes through Commons and Lords and scrutinised than secondary a statutory instrument, which it not scrutinised. What about the EU and Parliament, would a written constitution affect parliament, ie European Communities Act 1972.
What is the courts role and how would they enforce a written constitution? Briefly mention the USA Constitution it its highest legal source, interpreted only by the its Supreme Court: Marbury v Madison (1806). Try and think of some ideas such as the higher courts roles, which include interpreting legislation and lower courts following the higher courts' decisions (binding precedent). What about the EU, will this affect a written constitution?