Chapter 5 - 6/6 - Debates on further reform Flashcards

1
Q

How has constitutional reform improved UK democracy?

A
  • Independent judiciary.
  • Devolution and decentralisation.
  • Elected mayors.
  • Protection of rights.
  • Freedom of information.
  • Increased use of referendums.
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2
Q

What have been the failures of constitutional reform?

A
  • FPTP remans.
  • Unelected and undemocratic House of Lords.
  • Devolution and break-up of the UK.
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3
Q

What are the 4 arguments for greater English devolution?

A
  • Extend democracy and bring government to communities.
  • Better able to deal with local issues.
  • Lessen differences between parts of the UK.
  • Improve participation in politics.
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4
Q

What are the 4 arguments against devolution in England?

A
  • Just another layer of expensive bureaucracy.
  • Too many elections leading to voter apathy.
  • Few signs of a desire for it.
  • Regional devolution might increase divisions in society.
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5
Q

What are the arguments for keeping an uncodified constitution?

A
  • Flexibility
  • Decisive executive power
  • Conservative pragmatism
  • Danger of politicising the judiciary
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6
Q

What is the flexibility arguments for keeping an uncodified constitution?

A

The constitution can adapt because it is ‘organic’; when society’s needs and values change, so can the constitution without delay.

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7
Q

What prerogative powers does the prime minister now hold that have been transferred as part of our ‘organic’ constitution?

A
  • Declare war
  • Negotiate foreign treaties
  • Appoint ministers
    There is no law that grants the prime minister these powers.
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8
Q

Why is decisive government an argument in favour of keeping our uncodified and ‘organic’ constitution?

A

It is better to have a government that can deal with problems and crises without too much inhibition.

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9
Q

What is the conservative argument for keeping our ‘organic’ uncodified constitution?

A

The constitution in its current form has served the country well for centuries with change happening naturally when it was necessary.

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10
Q

What is the argument about politicising the judiciary if our constitution were to be codified?

A

Disputes over the constitution would be determined by the Supreme Court, bringing them into politics and undermining their independence. Furthermore they are not elected; it is for elected representatives to decide on the nature of the constitution.

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11
Q

What are the arguments for introducing a codified constitution?

A
  • Better protection of human rights as Parliament would no longer be sovereign.
  • A check on the excessive powers of government which threatens our rights and freedom.
  • Better awareness amongst the population of their rights.
  • It would bring the UK into line with most other democracies.
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12
Q

What parts of the UK constitution are effectively entrenched and codified?

A
  • The European Convention on Human Rights is effectively a bill of rights.
  • The Devolution Acts 1998 codified the powers of the Scottish Parliament and the Welsh, Northern Ireland, and Greater London assemblies.
  • The public’s right to see public information is codified in the Freedom of Information Act 2000.
  • Changes made by referendums.
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