1.2 The Development of the Constitution Since 1997 Coalition and Brexit

Question 1

Decentralisation: Further Devolution

Answer 1

1. In a 2011 referendum, Wales voted in favour of its Assembly having primary legislative power in some areas.
2. Those were enacted by the Wales Act 2014.
3. In 2015, Wales was given income-tax varying powers.
4. Further powers were also devolved to Scotland. Could vary income tax by up to 10p and had the authority to borrow up to £5 billion.

Question 2

Decentralisation: Elected police and crime commissioner

Answer 2

1. They would be accountable to the public for regional policing.
2. Turnout for elections has been so low, there are concerns they lack a democratic mandate to legitimately carry out their functions.
3. Highest turnout 2021, 50.6% Dyfed-Powys and 16.6% Wiltshire.
4. Average 2024 turnout was 23.2% across 35 PCC elections.

Question 3

Modernisation: Fixed Term Parliament Act 2011

Answer 3

1. A major royal prerogative is that the prime minister has been able to decide the date of a general election.
2. This would have been a contentious decision for a coalition government, so they decided that the next general election would be held exactly 5 years after the last general election.
3. The Act did allow a general election if they were to lose a vote of confidence and a new government with the confidence of the government cannot be established or if ⅔ majority of the House of Commons agrees to a general election.

Question 4

Fixed Term Parliament Act 2011 Cons

Answer 4

In 2022, the Act was repealed, reinstating the prime minister’s right to determine the timing of the general election. The practical impact was not that far reaching.

Question 5

Fixed Term Parliament Act 2011 Pros

Answer 5

1. This provided greater stability to the government, by keeping the coalition together.
2. Made it more difficult for a prime minister to call a snap general election for political advantage.

Question 6

Human Rights: Marriage Act

Answer 6

1. The Marriage Act 2013
2. Enabled same-sex couples to marry in civil ceremonies.
3. Ensures religious organisations which wish to do so can opt in to marry same sex couples according to their rites and protects those organisations and representatives from legal challenge if they do not wish to marry same sex couples.

Question 7

Centralisation Brexit:

Answer 7

1. This led to almost all sovereignty returning to the UK.
2. This also led to the 4 freedoms not applying to the UK.
3. Northern Ireland shared a border with the EU and to preserve the open border Northern Ireland had to be treated differently.
4. Northern Ireland Protocols means that there will need to be checks on EU goods going from NI to GB.

Question 8

Centralisation: Windsor Framework

Answer 8

1. Windsor Framework introduced a new UK internal market system.
2. Removed the limit on reduced rates, allowed for flexibility on future rates, exempted NI businesses from a range of EU rules.
3. NI will not be required to apply the EU special scheme for distance sales of goods from GB to NI.

Question 9

Has all power come back to Westminster? (ECHR)

Answer 9

No. The UK is still part of the ECHR and has to protect the specific rights outlined in it; in June 2022 the ECHR stopped the first Rwanda flight.