KSLU Solved Question Papers
Political Science (Major World Governments)
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 3
2015 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 3 Political Science (Major World Governments) 2015 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2015 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2015 Dec examination, in the order it was set.
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2015 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 13 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Explain the main features of Constitution of United Kingdom.[16]
Answer
For full marks, cover: what kind of constitution the United Kingdom has; its sources (statutes, common law and judicial decisions, conventions, the prerogative, works of authority, formerly European Union law); its main features in three groups: features of form (uncodified, flexible, partly written), features of principle (parliamentary sovereignty with Jackson and Miller I, the rule of law with Entick v. Carrington, a constitutional monarchy, fusion rather than separation of powers), features of institutions (parliamentary government, a dominant Commons, a unitary State with devolution, an independent judiciary without power to strike down Acts, statutory rights, the party system); a constitution in motion since 1997 (table); referendums as a new device; a comparison with written constitutions; an assessment; a conclusion.
Introduction
The United Kingdom is one of very few democracies without a single written constitution. Its constitution is the body of rules, legal and non-legal, that set up the institutions of government. These rules distribute power among the institutions and govern their relations with the citizen. Those rules are found in many places. Its main features follow from this unusual form.
The sources of the constitution
- Statutes. Acts of Parliament of constitutional importance form the largest written part. They run from Magna Carta and the Bill of Rights 1689 to the Parliament Acts 1911 and 1949. Modern examples are the Human Rights Act 1998 and the devolution Acts of 1998. Others are the Constitutional Reform Act 2005 and the Dissolution and Calling of Parliament Act 2022.
- Common law and judicial decisions. Judges have declared basic principles, such as that the State needs legal authority to interfere with the citizen (Entick v. Carrington), and they interpret constitutional statutes.
- Conventions. These are rules of political practice that courts do not enforce. Examples are the rule that the King acts on ministers' advice and that the Prime Minister sits in the Commons.
- The royal prerogative. The surviving common law powers of the Crown, used by ministers.
- Works of authority. Writers such as Dicey and Bagehot, and official guides such as the Cabinet Manual, are cited for what the constitution requires.
- Formerly, European Union law. From 1973 until 31 January 2020, EU law took effect through the European Communities Act 1972. That source ended when the Act was repealed.
A. Features of form
1. Uncodified. There is no single document called "the Constitution". It would be more accurate to say the constitution is uncodified than that it is unwritten, since much of it is in statutes.
2. Evolved, not made. It was never framed by a constituent assembly at one moment. It grew over centuries, through the struggle between Crown and Parliament and through gradual reform.
3. Flexible. No special procedure is needed to change it. A constitutional statute is passed and repealed like any other Act. Britain took the country out of the European Union and created devolved Parliaments by ordinary legislation.
B. Features of principle
4. Parliamentary sovereignty. Dicey stated that Parliament has "the right to make or unmake any law whatever", and that no person or body may set aside its legislation. This is the central legal principle.
Jackson v. Attorney General, [2005] UKHL 56. The Hunting Act 2004 was passed without the Lords under the Parliament Act 1949, and opponents argued that the 1949 Act was itself invalid. All nine Law Lords upheld both Acts. Lord Bingham held: "The 1949 Act and the 2004 Act are Acts of Parliament of full legal effect". Lord Hope observed that "Parliamentary sovereignty is no longer, if it ever was, absolute", though this was said in passing.
R (Miller) v. Secretary of State for Exiting the European Union, [2017] UKSC 5. Ministers planned to begin withdrawal from the European Union using the prerogative. By eight to three the Supreme Court held that an Act of Parliament was needed. "Parliamentary sovereignty is a fundamental principle of the UK constitution" (para 43).
5. The rule of law. Government must have legal authority for its acts. In Entick v. Carrington (1765) 19 St Tr 1029, the Secretary of State's general warrant to search Entick's house was held "illegal and void": "If it is law, it will be found in our books." The Constitutional Reform Act 2005, s.1, now names "the existing constitutional principle of the rule of law".
6. A constitutional monarchy. The King is head of State, but by convention he acts on the advice of ministers. The powers of the Crown are used by the Government. The King reigns; the Government rules.
7. Fusion rather than separation of powers. Ministers sit in Parliament and lead it. The executive and legislature are joined, as Bagehot said, by the Cabinet, "a hyphen which joins, a buckle which fastens". The judiciary has become more separate since the Supreme Court replaced the Law Lords in 2009.
C. Features of institutions
8. Parliamentary government. The Government holds office only while it has the confidence of the House of Commons. The Prime Minister is the leader who commands that confidence.
9. A bicameral Parliament with a dominant Commons. The elected House of Commons of 650 has primacy over the appointed House of Lords. Under the Parliament Acts the Lords can delay money bills only for one month and other public bills for about a year. Since 29 April 2026 the Lords has had no hereditary members.
10. A unitary State with devolution. Sovereignty rests with Westminster, but Parliaments or Assemblies in Scotland, Wales and Northern Ireland have law-making powers. By the Sewel convention, written into s.28(8) of the Scotland Act 1998, Westminster "will not normally" legislate on devolved matters without consent. In Miller I the Supreme Court held that this convention is not enforceable in court.
11. An independent judiciary without power to strike down Acts. Judges enjoy security of tenure, and the Supreme Court has sat since 1 October 2009. But no court can declare an Act of Parliament void.
12. Rights protected by statute. The Human Rights Act 1998 requires courts to read laws compatibly with Convention rights where possible (s.3). If that is impossible, the higher courts may declare the Act incompatible (s.4). The Act then stays in force until Parliament acts.
13. Conventions at the heart of government. The Cabinet, the office of Prime Minister and ministerial responsibility rest largely on convention.
14. A strong party system. A single party usually wins a majority and forms the Government, while the largest opposition party forms His Majesty's Opposition. In 2024 Labour won 411 of the 650 seats.
A constitution in motion since 1997
| Year | Change |
|---|---|
| 1998 | Devolution to Scotland, Wales and Northern Ireland; Human Rights Act |
| 1999 | Most hereditary peers removed from the Lords |
| 2005 | Constitutional Reform Act: Supreme Court; rule of law named in statute |
| 2009 | Supreme Court begins work |
| 2011 | Fixed-term Parliaments Act (later repealed) |
| 2020 | United Kingdom leaves the European Union |
| Year | Change |
|---|---|
| 2022 | Dissolution and Calling of Parliament Act revives the prerogative of dissolution |
| 2026 | The remaining hereditary peers removed |
All these changes were made by ordinary Acts of Parliament, which shows how flexible the constitution is.
Referendums: a new device
Referendums have become a feature of the modern constitution, though in law they are only advisory unless an Act says otherwise. In 2011 voters rejected the alternative vote by 67.9 per cent. In 2014 Scotland voted against independence by about 55 per cent. On 23 June 2016 about 52 per cent of voters chose to leave the European Union. Each result had great political force, though Parliament remained legally sovereign.
Compared with written constitutions
| Point | United Kingdom | United States and India |
|---|---|---|
| Form | Uncodified, many sources | A single written document |
| Amendment | Ordinary Act of Parliament | Special procedure (Art. V; Art. 368) |
| Point | United Kingdom | United States and India |
|---|---|---|
| Supreme law | Acts of Parliament | The Constitution |
| Courts | Cannot strike down Acts | Can strike down laws (judicial review) |
| Rights | Human Rights Act 1998, which Parliament may change | Entrenched bills of rights |
Assessment
Supporters praise the constitution's flexibility, its long stability and the way it has adapted without revolution. Critics say that flexibility leaves rights and institutions exposed to a Government with a large majority. They also say the rules are hard for citizens to find, and that much depends on conventions that a determined Government might ignore. Lord Hailsham warned in 1976 of an "elective dictatorship". Recent decades have brought more written law and more judicial protection, but the core feature, parliamentary sovereignty, remains.
Conclusion. The Constitution of the United Kingdom is uncodified, evolved and flexible, drawn from statutes, judicial decisions, conventions, the prerogative and works of authority. Its principles are parliamentary sovereignty, upheld in Jackson and Miller I, and the rule of law from Entick v. Carrington to the 2005 Act. It is also a constitutional monarchy with fused powers. Its institutions are parliamentary government, a dominant Commons, a unitary State with devolution and an independent judiciary that cannot strike down Acts. Rights rest on the Human Rights Act, and conventions and parties drive the system. Constant reform since 1997, made by ordinary Acts and shaped by referendums, shows a constitution that changes easily while keeping its foundations.
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