Constitutions

Before I begin on Constitutions, I should mention that the exam for the W102 was everything I hoped for. As the first sit-down exam I had for the Q79 LLB, I have to say that the course study does prepare you for the exam, and the TMAs are especially helpful when you add the tutors’ advice and really take on board what they are saying. I’m thinking I passed.

Constitutions

I label this in the plural, because although the UK constitution is the subject of interest, it certainly is only one type of a constitution and there are others that I’ve compared it to. I may well be mentioning some of the comparisons so that readers can get an idea of differences and similarities along the way.

The next Unit of the W101 module is the UK Constitution.

Learning outcomes

After studying this unit you should be able to:

• explain the concept of a constitution
• explain key constitutional principles
• explain the different elements of a constitutional framework
• discuss the different elements of the UK’s constitution
• discuss the evolution of the UK’s constitution

[The Open University, 2014]

Obviously, as with all things legal, we must define what is a constitution. At this point before reading on, you should, on your own, try to think of what is a constitution, what characteristics it has that makes it a constitution and come up with your own definition. You can even try creating a constitution for a club, for example.

I will point out that constitutions are legally binding, and may be used by an organisation eg a cricket club or union or political party. Or, a constitution can be used by a group eg the United States of America, or the European Union. Equally, the individual participants within the group may have separate constitutions, eg the Constitution of Virginia (USA) and Constitution of UK (EU).

"… at its most basic a constitution is seen as having the following elements:

• rules about the structure and power of government of a state
• rules about the basic rights and freedoms of the citizens of that state."

[The Open University, 2014]

“The Encyclopaedia Britannica (2014) defines a constitution in the following terms:

Every government has an organizational structure that defines the specific responsibilities of its public officials. Some officials make the laws, others see to their enforcement. Taxes must be collected and revenues spent. There must be provision for preserving the domestic peace and providing for national defense [sic]. The fundamental written documents that state how governments shall operate and define their limitations are their constitutions.”

[The Open University, 2014]

Note the last sentence… ‘The fundamental written document…’

We will get back to the highlighted word a bit later on.

“set of the most important rules and common understandings in any given country that regulate the relations among that country’s governing institutions and also the relations between that country’s governing institutions and the people of that country.” [King, 2009, p3]

The above is by Anthony King, an academic author on the subject of the UK Constitution. Note that he reiterates the organisation (relations) among governmental institutions and also the relationship between those institutions and the people.

“The definitions discussed so far have considered the state, the government, and also the relationship between the state and individuals. In effect they have considered what a constitution is. Thomas Paine (1737–1809), an Anglo-American political activist during the American War of Independence, looked at the concept of a constitution from a rather different perspective:

A constitution is not the act of government, but of a people constituting a government, and a government without a constitution is power without right … A constitution is a thing antecedent to a government; and a government is only the creature of a constitution.

(Paine cited in Barnett, 2013, p. 7)

This approach to defining a constitution provides a different perspective as it focuses on the source of a constitution, where it comes from. Paine’s view is that a constitution ultimately derives from the people acting through the government.”

[The Open University, 2014]

I will continue on constitutions…

Exam techniques

Tomorrow is the big day. Exam for W102, a real, live, sit-down exam. First exam I’m having in approximately 30 years. The last exam I did was in electrical engineering and that was in another country altogether.

So I'm as nervous as a mouse in a roomful of cats. I have so many questions in my mind, for example, will the exam be in the same format or similar as I knew in my past experiences? Still, I think I am fully prepared, and having answered the sample papers, reviewed my TMA's, and checked and rechecked my planning and my strategies, I am off now to pack my bag.

Yes you heard me right. I am packing my bag with: pens, pencils, identification, notification of examination allocation (absolutely necessary to enter the exam room), a drink and a couple of energy bars. Oh, and some headache pills. If I begin to get a headache in the exam room, I want to stop it in its tracks.

In preparation for the exam, I have been revising for the past several weeks. The OU has many different ways to support students for examinations and revision: http://www2.open.ac.uk/students/help/topic/study-skills/

The advice and guidance are great and I strongly recommend that students use these skills in conjunction with their study modules.

Some more advice:

• Listen to your tutor and pay attention to the feedback you were given. Also, redo the activities from your face-to-face tutorials.

• Pay attention to your TMA's; they were designed to help you answer the exam questions

• Try to do the sample paper; answer all the questions as this will give you the experience to answer a greater number of options in the exam room

• Read the examination guidelines carefully – my own is 25 pages long!

• Plan to get there at least half an hour before the examination begins to give yourself time to find your seat and relax.

• It's okay to speak to other students but try to avoid speaking about the exam or any module topics – this may create doubts in your mind if someone mentions something you think you did not study properly and cause you to feel unprepared.

• Give yourself time to read the exam paper carefully before beginning to write.

• Make sure you understand what the questions are asking. Pay attention to the wording so that you do not begin to answer incorrectly down the wrong path. For example, one sample question asked what year was the legal age for homosexual relationships made the same as that for heterosexual relationships. Note carefully what it was asking. It is NOT asking what year homosexual relationships was made legal.

• Make a plan regarding time strategy with respect to the total time of your exam. Balance it in terms of how many marks you will be able to obtain in comparison to the length of the entire exam. For example, in a three-hour exam, the recommended time of 20 multiple-choice questions worth 20 marks total, is 40 minutes. It is recommended to spend one hour (60 minutes) each on sections 2 and 3 which are worth 40 marks each. This is total for the number of questions so you need to break down what you will spend on each question within each section.

• Stick to your plan! If you have a question that is not fully answered,  and the time is up, move on!! If you have time at the end you may return to it. It is better to partially answer a question, and obtain some marks rather than to spend a lot of time on it to gain just a few more marks. In the end, you may miss more marks by not having the time to answer another question.

• For the multiple-choice, if you do not know the answer, guess. You have a one in four chance to get it right but your instinct may actually help you to get the answer correct. It is better than having an unanswered question which would bring you zero marks.

• Remember to prepare your answers properly. By this I mean, if you have an essay type question, remember your introduction, body and conclusion. You are not required to put a reference list at the end.

• Develop your techniques to help you remember case law with regard to legal principles, rather than situations.

• Get a good night’s sleep before the exam day, go to bed early and do not try to cram.

• Do not panic! You have been preparing for this for the past year.