01 Constitution Exam Q Planning

Question 1

Arguments for the U.K. introducing a codified constitution and constitution?

Answer 1

• might prevent the excessive executive power
• would strengthen citizenship giving people a clear idea of their rights
• would give the public an idea of what is unconstitutional
• would overhaul undemocratic parts of the U.K. political system

Question 2

Evidence to suggest a codified constitution would prevent excessive executive power?

Answer 2

U.K. is said to have a weak separation of powers with the executive dominating the Commons along with Parliamentary sovereignty means the U.K. has an elected dictatorship. Would place limits

Question 3

Evidence to suggest a codified and entrenched constitution would strengthen citizens rights?

Answer 3

Moves by the Conservative government to replace the HRA with a British Bill of Rights

Question 4

Evidence to suggest a codified and entrenched constitution would help the public know what is unconstitutional?

Answer 4

Boris Johnson proroguing parliament and the speakers role in the Brexit debates from 2016 - 2019.

Question 5

Evidence to suggest that a codified and entrenched constitution would overhaul undemocratic parts of the U.K. political system?

Answer 5

Unelected House of Lords. Could also finish New Labours reforms from 1997 which have been asymmetrical.

Question 6

Arguments against the U.K. have an entrenched and codified constitution?

Answer 6

• flexible and can change with society (pragmatic)
• lack of constitutional constraints allow governments to be strong and decisive
• would take power off elected politicians and give it to unelected judges

Question 7

Evidence to suggest that an uncodified and unentrenched constitution is flexible and can change with society?

Answer 7

Brexit

Has been able to adapt to the rise of democracy and two world wars

Question 8

Evidence to suggest that an uncodified and unentrenched constitution would take power off elected politicians and give them to unelected up judges?

Answer 8

Boris Johnson’s proroguing was overturned by the unelected Supreme Court. There have been legal attempts to stop Brexit

Question 9

Evidence to suggest that an uncodifed and unentrenched allows governments to be decisive and therefore we do not need one

Answer 9

Boris Johnson’s emergency powers and legislation during the COVID19 pandemic saved lives and wasn’t scrutinised by parliament.

Question 10

Debates on further constitutional reform needed?

Answer 10

• Lords reform
• Human Rights Reform
• electoral reform
• devolution

Question 11

Evidence to suggest the House of Lords should be reformed further?

Answer 11

It is unelected. U.K. has an elected dictatorship and Lords needs more power to counter this

Question 12

Evidence to suggest the House of Lords should not be reformed further?

Answer 12

Membership is now based on merit. Members often hold experienced backgrounds (Lord Fowler SOS for health).
Held government to account of Brexit
–The Lords defeated the Internal Markets Bill of 2022 by 433 to 165.

Question 13

Evidence to suggest the Human Rights Act needs to be reformed further?

Answer 13

Position of HR left in the balance over Brexit. A similar act to the ECHR could be needed

Question 14

Evidence to suggest further electoral reform is needed?

Answer 14

FPTP system is undemocratic as it elects people with less than 50% of the popular vote. Results skewed by SNP and Conservatives.

Question 15

Evidence to suggest that further devolution to England is necessary because it has been successful in other countries?

Answer 15

The Scottish Devolution act saw a turnout of 60% where 74% voted in favour
–gave Scottish government powers of health and education
In Northern Ireland, use the STV electoral system. Good Friday agreement has limited conflict within the country

Question 16

Evidence to suggest that further devolution to England is unnecessary as it has been unsuccessful?

Answer 16

Northern Irish assembly was dissolved between 2002 and 2007.
Average turnout in Sctotland since the enactment of Holyrood stood as 55% since 1997.

Question 17

Arguments to suggest that constitutional reform since 1997 have improved the state of democracy?

Answer 17

• Parliament Reforms

- Devolution (cities and devolved nations)

Question 18

Evidence to suggest that Parliament reforms since 1997 have improved the state of democracy?

Answer 18

Removal of all but 92 hereditary peers has made the House of Lords more influential
–blocked govt proposals 53 times in the 2019-2020 session
Introduction of elected select committees, also BBC in 2010

Question 19

Evidence to suggest that Parliament Reforms have not improved democracy in the UK?

Answer 19

House of Lords Remains unelected and powerless
-EU Future Relations Act was passed to Lords on 26th Dec meaning little time to scrutinse
House of Commons
-powerless in the face of govts with large majorities, can do what they wish

Question 20

Evidence to suggest the Devolution Reforms have improved democracy in the UK?

Answer 20

Proportional Systems in use
-Holyrood = 2016, Greens receiving 6 seats through AMS (0)
, Tories receiving 24 seats through AMS (7)
Elected Mayors
-Andy Burnham over tier 3 COVID restrictions

Question 21

Arguments to suggest that devolution has been good for England and Northern Ireland but not good for Scotland and Wales

Answer 21

• good/bad for England and Northern Ireland

- good/bad for Scotland and Wales