5.4 - In What Ways Could the UK Constitution be Further Reformed?

Question 1

How have critics argued the constitutional reforms have not gone far enough?

Answer 1

• Devolution has not been granted to England.
• HoL still lacks democratic legitimacy.
• ECHR has been incorporated into UK law, but citizen’s rights have not been entrenched in a constitution.

Question 2

Why do people argue against further HoL reform?

Answer 2

• It contains experts from every field, making their scrutiny high quality.
• The HoC prevails due to their democratic legitimacy, preventing gridlock between the two houses.

Question 3

Why did the case for electoral reform seem important in 2015?

Answer 3

• A multiparty democracy seemed more likely.
• UKIP and Green won 5 million votes but only won 2 seats.

Question 4

Why has the case for electoral reform curtailed since 2015?

Answer 4

In 2017, Conservatives and Labour took 82.4% of the popular vote.

Question 5

What are the arguments in favour of further devolution to England?

Answer 5

• England is the most populous region, yet does not have their own government.
• There is a popular case for devolution.
• There is an asymmetric UK.
• The Bartnett Formula means that spending per capita in England is less than in other regions in the UK.
• Regional identity is strong in regions such as Cornwall and Yorkshire.

Question 6

What are the arguments against English devolution?

Answer 6

• Most English people are content that their interests are sufficiently represented in Parliament.
• EVEL mostly addressed the West Lothian question.
• An English Parliament could threaten the Westminster Parliament.
• Not all areas of the UK have a strong sense of regional identity.
• There could be a democratic overload which would undermine the legitimacy of any results.

Question 7

What are the other countries that do not have a codified constitution?

Answer 7

Isreal, Saudi Arabia, Canada and New Zealand.

Question 8

What is the main criticism of the lack of a codified constitution?

Answer 8

There is no protection for the Bill of Rights.

Question 9

What did Lord Hailsham warn about Parliament?

Answer 9

It could become an ‘elective dictatorship’ because there are so few constraints on the influence of government.

Question 10

What problems would the Investigatory Powers Act 2016 have run into in an instance with a codified constitution?

Answer 10

Civil liberties would have been protected in a codified constitution.

Question 11

What have the criticisms of EVEL said?

Answer 11

It is an inherent advantage for Conservative governments, and disadvantage for Labour governments.

Conservatives tend to win most, if not all, of their seats in England.

Question 12

Why are there supporters of the UK’s uncodified constitution?

Answer 12

• It allows legislation to respond to social developments.
• British constitution is highly democratic.

Question 13

Should the UK have a codified constitution with an entrenched Bill of Rights? (Yes)

Answer 13

• Protections from arbitrary government.
• Acts of Parliament can suspend provisions from other governments.
• The authority of the Supreme Court would be enhanced.
• A codified constitution would clarify the relationship between branches of government.
• Minority rights can be more protected.