The approach that constitutional provisions should be given the meaning they bore when they were adopted.

Give two arguments for originalism.

It constrains judges to the text the people actually ratified, and it makes constitutional law predictable rather than dependent on judicial preference.

Give two arguments against originalism.

The historical meaning is often contested or silent on modern questions, and it can freeze the Constitution in the moral assumptions of a society that permitted slavery and excluded women.

What is the living Constitution approach?

The view that the Constitution's broad provisions should be applied in the light of present conditions and evolving standards.

WJEC A-Level Government and Politics 603-1979-3

The British Constitution

Topic overview The nature of the constitution: uncodified, unitary and flexible Statute law as a source of the constitution Common law and works of constitutional authority Constitutional conventions Parliamentary sovereignty The rule of law Parliamentary government and constitutional monarchy Constitutional reform since 1997 The debate on a codified constitution The UK, the European Union and Brexit The UK, NATO and the United Nations

The Judiciary and the Supreme Court

Topic overview The constitutional role of the Supreme Court The Constitutional Reform Act 2005 and the creation of the Court The Supreme Court as the highest court of appeal The separation of powers in the UK Judicial independence Judicial neutrality and the appointment of judges Judicial review and the doctrine of ultra vires Supreme Court rulings on constitutional matters A separate legal jurisdiction for Wales

The UK Executive

Topic overview The core executive The roles of the Prime Minister The powers and resources of the Prime Minister The royal prerogative The composition of the Cabinet The roles and functions of the Cabinet Collective ministerial responsibility Individual ministerial responsibility Prime ministerial government and its limits The civil service

Parliament and the Accountability of Government

Topic overview The composition of the House of Commons The House of Lords: composition and powers The functions of Parliament The legislative process Private members' bills and delegated legislation Select committees Questions, debates and confidence in the government Backbench MPs and peers The role of the Opposition Parliamentary privilege Parliamentary sovereignty in practice Executive dominance and where power lies

Government and the Senedd in Wales

Topic overview The First Minister of Wales The Welsh Government and its Cabinet Collective and individual ministerial responsibility in Wales The powers and resources of the Welsh Government The origins and structure of the Senedd The composition and election of the Senedd The legislative competence of the Senedd The legislative process in the Senedd Plenary and the business of the Senedd Senedd committees Members of the Senedd and the Opposition Debates over the effectiveness of the Senedd

Devolution and the United Kingdom

Topic overview The nature and forms of devolution The origins of devolution in the UK The Scottish Parliament and Scottish Government The Northern Ireland Assembly and Executive Devolution in England Asymmetry in the devolution settlement The West Lothian question and English votes for English laws Funding devolution and the Barnett formula Devolution, sovereignty and the union Debates over the future of the union

Citizenship and Rights

Topic overview The meaning of citizenship Global citizenship Freedom, equality and active citizenship The rule of law and protection under the law The rights of minorities Positive discrimination and positive action The sources of rights in the UK Equality legislation on race and gender Freedom of expression, association and religion Privacy, liberty and the right to a fair trial Conflicts between rights Debates over a British Bill of Rights

The Protection of Human Rights

Topic overview The courts and the protection of rights Judicial review: grounds and remedies Judicial review in practice The Universal Declaration of Human Rights The European Convention on Human Rights The European Court of Human Rights The Human Rights Act 1998 The Human Rights Act in the courts Enforcing equality law Ombudsmen and commissioners Pressure and campaigning for rights Debates over the protection of rights in the UK

Democracy and Participation

Topic overview Direct democracy Representative democracy Comparing direct and representative democracy Turnout in Wales and the UK Apathy, abstention and the participation crisis Legitimacy and the mandate Pluralism and elitism Who participates and why Widening participation and franchise reform

Electoral Systems in the UK

Topic overview The functions of elections and the language of electoral systems First Past the Post: how it works First Past the Post: advantages and criticisms The Additional Member System and Senedd elections The Single Transferable Vote Party list systems The supplementary vote and the alternative vote Proportionality, fairness and effects on party systems Coalition and minority government Key elections in Wales Referendums in Wales and the UK

Voting Behaviour in the UK

Topic overview The sociological model and social class Party identification and partisan dealignment The rational choice model The valence model and governing competence Age, gender, ethnicity and education Region, nation and voting in Wales Election campaigns and party leaders The media and voting behaviour Turnout, tactical voting and volatility

Political Parties in Wales and the UK

Topic overview The functions of political parties The Labour Party: origins and ideology The Conservative Party: origins and ideology The Liberal Democrats and the centre ground Plaid Cymru and the Welsh party system Smaller and minor parties Party organisation and the role of members Leadership selection in the main parties Candidate selection and representation Manifestos, platforms and the mandate Party funding, cash for influence and reform

Pressure Groups and Social Movements

Topic overview Pressure groups and how they differ from parties Sectional and promotional groups Insider and outsider groups Access points in Wales and the UK Lobbying and direct contact with decision-makers Direct action and public campaigning Using the media and new technologies Factors in pressure group success Pressure groups and the health of democracy Social movements: nature, membership and methods The women's movement and the environmental movement

Liberalism

Topic overview Origins of liberal ideas Human nature, reason and progress Individualism, liberty and natural rights Toleration, pluralism and justice The social contract and the liberal state Constitutionalism, the rule of law and liberal democracy Negative and positive freedom Classical liberalism and laissez-faire economics Modern liberalism and the enabling state The New Right and libertarian views of the market Equality of opportunity and equality of outcome Liberalism and Welsh political parties and movements Liberal ideas in global politics

Conservatism

Topic overview Origins of conservative ideas Human imperfection, pragmatism and tradition Organic society, hierarchy and natural inequality Authority, order and property Traditional and one-nation conservatism Authoritarian conservatism Moral conservatism, the family and the church The New Right: neo-liberalism and neo-conservatism Conservative debates on immigration and integration Conservative debates on minority rights and welfare Economic conservatism, the market and state intervention Conservatism and Welsh political parties and movements Conservative ideas in global politics

Socialism and Communism

Topic overview Origins of socialist ideas Human nature, community and cooperation Class, class conflict and the proletariat Equality and social justice Marxism and historical materialism Communism in theory and in practice Revolutionary and parliamentary roads to socialism Social democracy, revisionism and the Third Way Democratic socialism and ethical socialism Socialist views of capitalism Public ownership and the means of production Collectivism and the redistribution of wealth Socialism and the Welsh labour movement Socialist ideas in global politics

Nationalism

Topic overview Origins of nationalist ideas Defining the nation and the nation state National consciousness and the role of history Language, culture and national symbols National sovereignty and self-determination Civic nationalism Ethno-cultural nationalism Liberal nationalism Conservative nationalism Chauvinism, xenophobia and expansionist nationalism Political nationalism, citizenship and the state Separatism, secession and anti-colonial nationalism Nationalism and Welsh political parties and movements Nationalist ideas in global politics

The US Constitution and Federalism

Topic overview The Declaration of Independence and the founding principles Writing the Constitution and its compromises Separation of powers and checks and balances The amendment process Enumerated, implied and reserved powers Theories of federalism The changing balance of federal and state power Fiscal federalism and federal grants Federalism before the Supreme Court Debates about the Constitution

Rights and Liberties in the USA

Topic overview The Bill of Rights: origins and importance The First Amendment: speech, press and assembly The First Amendment: religion The Second Amendment and gun ownership Rights of the accused and due process The death penalty and the Eighth Amendment Privacy and the Constitution The Fourteenth Amendment and incorporation Civil rights and the struggle for racial equality Affirmative action and contemporary equality debates

The US Congress

Topic overview The constitutional basis of Congress The House of Representatives The Senate Congressional leadership The committee system How a bill becomes law The filibuster and Senate procedure Parties, partisanship and gridlock Congress and the executive Representation and the member's role

The US Presidency

Topic overview The constitutional office of President The powers of the President The President as chief executive The President and legislation The President, foreign policy and the armed forces Executive orders and unilateral action The Cabinet The Executive Office of the President Constraints on presidential power The imperial presidency debate

The US Supreme Court

Topic overview The constitutional role of the Supreme Court Judicial review and Marbury v Madison Jurisdiction and how a case reaches the Court Nomination and appointment of justices Tenure and proposals for reform Judicial activism and judicial restraint Originalism and the living Constitution Precedent and legal reasoning The Court and the protection of rights The political significance of the Court and its composition

US Elections and Voting Behaviour

Topic overview The invisible primary Primaries and caucuses The national nominating conventions The ticket and the general election campaign The electoral college Congressional and midterm elections Money in US elections PACs, super-PACs and campaign finance law The media and social media in campaigns Long-term determinants of voting behaviour Short-term factors, swing states and independents

Political Parties in the USA

Topic overview The American political spectrum The Democratic party The Republican party Factions in the Republican party Factions in the Democratic party Party organisation and candidate-centred campaigns Why two parties dominate Third parties and independent candidates Realignment, decline and polarisation

The US Supreme Court

Originalism and the living Constitution

3 things to know
A2 Unit 4

Overview

Living Constitution approach and why no justice applies a single method consistently.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What is originalism?

Key term

Distinguish original intent from original public meaning.

Key term

Which version of originalism is now more widely defended, and why?

Questions from this subtopic

Each one with the model answer underneath.

1
What is originalism?
Model answer
The approach that constitutional provisions should be given the meaning they bore when they were adopted.
2
Distinguish original intent from original public meaning.
Model answer
Original intent asks what the drafters meant to achieve; original public meaning asks how the words would have been understood by an informed reader at the time.
3
Which version of originalism is now more widely defended, and why?
Model answer
Original public meaning, because the intentions of a large drafting body are unknowable and often conflicting, whereas the sense of the words can be evidenced.
4
Give two arguments for originalism.
Model answer
It constrains judges to the text the people actually ratified, and it makes constitutional law predictable rather than dependent on judicial preference.
5
Give two arguments against originalism.
Model answer
The historical meaning is often contested or silent on modern questions, and it can freeze the Constitution in the moral assumptions of a society that permitted slavery and excluded women.
6
What is the living Constitution approach?
Model answer
The view that the Constitution's broad provisions should be applied in the light of present conditions and evolving standards.

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The British Constitution

The Judiciary and the Supreme Court

The UK Executive

Parliament and the Accountability of Government

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Wyn developed it.

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AAccess is bought rather than earned.

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Statute law is enacted by the legislature.

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